LATA MAHENDRA PAREKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY filing this writ of habeas corpus petition, the detenu Smt. Lata Mahendra Parekh who was detained by an order of detention passed by the 2nd respondent vide detention order No. PSA 1097/60/spl-3 (A)dated 3-1-1998 detaining her by virtue of section 3 (1) of the Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974 (hereinafter referred to as cofeposa) has challenged the detention order along with the grounds and the documents relied upon on record, being annexures A, B and C which were contemporaneously served on the detenu on 1-5-1998, and prayed for quashing and setting aside the same.

(2.) ON specific intelligence on 1-5-1997 the officers of the Air Intelligence Unit, Sahar Airport, Mumbai, Module I, intercepted one lady passenger, the detenu herein at the exit gate of Sahar Airport, Mumbai, Module I, Arrival hall, after both the detenu and her son cleared through the red channel by making a declaration of being within free allowance. The detenu was holding Indian Passport bearing no. V-012964 dated 23-1-1995 and produced Cathay Pacific ticket No. 160-4409 680 2803 dated 27-3- 1997 for the sector mumbai Dubai Mumbai issued by Air Sea Travels and Tours by which the detenu and her son Master Anand M. Parekh were travelling. Her son also produced Cathay Pacific Ticket No. 160-4409 680 2094 dated 27-3-1997 for the sector Mumbai dubai Mumbai issued by the same agency.

(3.) ON seeing the dutiable goods valued at Rs. 5600/-duly signed by the detenu on the gate pass and on coming to know that the detenu and her son came from Dubai they were questioned. On being questioned specifically whether they carried any gold in their baggage they replied in the negative. However, the officers took them through the metal door frame which strongly indicated presence of metal on the body of the detenu. Then the detenu was taken to the ladies room by a lady officer duly escorted by panchas and the personal search of the detenu was made by a lady gazetted officer which resulted in the recovery of a black colour cloth belt tied to her waist having compartments which appeared to be very heavy. On further search in the presence of panchas recovery of two bangles and one pendant made of crude gold was made. Thereafter in the presence of panchas the detenu admitted concealment of twentytwo (22) gold bars of 10 tolas each bearing foreign markings inside the compartment of the said black coloured cloth belt. The search was also made upon her son by the said officers in the presence of panchas but nothing objectionable was recovered. The detenu and her son were taken outside the airport along with panchas and officers of AIU but no one came forward to receive them. Both of them were then taken to the office of AIU in Module II, Sahar Airport, Mumbai, where the black coloured belt was cut open by the aforesaid officers in the presence of panchas which revealed concealment of 22 gold bars of 10 tolas each having foreign markings totally weighing 2565. 2 grams. The two gold bangles and one gold pendant were weighed in the presence of panchas and were recovered. The total quantity of gold recovered from the detenu thus weighed 2797. 4 gms valued at Rs. 11,04,973/- IMV and Rs. 13,34,360/- LMV were seized under the provisions of Customs Act, 1962 under a panchanama with belief that the same were being smuggled into India. Then the examination of four checked in baggage consisting of two card board cartons, one black colour zipper bag, one small sized soft top suitcase and three pieces of plastic shopping bags and a hand baggage was done by the customs officers in the presence of panchas which resulted in the recovery of undeclared dutiable goods valued at Rs. 56,150/cif and Rs. 1,12,300/- LMV, which were also seized under a panchanama. The detenu was arrested under the Customs Act, 1962 and was produced before the Additional Chief Metropolitan magistrate, Esplanade, Mumbai, who remanded her to judicial custody and was released on bail on Cash Deposit of Rs. 1,50,000/- on 5-5-1997. A show cause notice under section 124 of the Customs Act, 1962 was issued on 7-8-1997.