BITTU CHOITH NANIKRAM HARCHANDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition has been filed by the son of the detenu, the detenu being Harchandani Choith Nanikram (hereinafter referred to as "the detenu"), challenging the Order of Detention dated 25th July, 2008, which was executed on 29th July, 2008. The Order of Detention has been passed in terms of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter "COFEPOSA").

(2.) THE brief facts leading to passing of the Order of Detention against the detenu are that officers of the Customs Department intercepted the detenu at C.S.I. Airport at 22.15 hours on 26th March, 2007 when the detenu was about to depart for Singapore by Jet Airways Flight No.92 0012. He was found in possession of Jet Airways passenger ticket and one Jet Airways Boarding Card and also Jet baggage claim tags. On being questioned, he stated that he was in possession of US $ 2400 and Rs.12000/- Indian Currency. Being not satisfied with his reply, a search was conducted by the authorities, and 9100 Euros, 1060 British Pounds, 1000 Qatar Riyals, 6000 Hongkong Dollars, 5000 Indian Rupees, bundles of 3500, 4000 and 46200 Euros and 1000 UAE Dirhams were recovered from the detenu, besides US $ 2400. They were collectively equivalent to Indian Rs.38,00,671/-. Thereafter, the arrest of the detenu was effected. His statement was recorded. He moved an application for bail before the trial Court on 27th March, 2007. He was bailed out on the same day.

(3.) IT appears that, for the first time, the proposal of detention was initiated on 8th August, 2007, and when it went to the Detaining Authority after the usual grill, the record had reached the Detaining Authority on 5th September, 2007 - almost a month after the proposal was received in her office. On 5th September, 2007, the Detaining Authority directed that the Investigating Officer be called on 10th, so that the matter could be discussed with him. On 10th September, 2007, the Detaining Authority wrote: