HASNABI ASLAM ALI KAPDE Vs. L HUINGLIANA

JUDGEMENT

(1.) IN our opinion, in the present Writ Petition, we will perforce be required to quash the order of detention because of the casual and careless manner in which the detaining authority has performed his task.

(2.) ON the statement of detenu, it would appear that he is a professional carrier. In the instant case, he has consciously and for a fairly substantial amount agreed to act as carrier for foreign currency to take it outside. Generally speaking, the detention, process under the COFEPOSA Act would be required to have applied to such persons to prevent them from repeating their activities in future after availing of bail granted which is fact has been granted and availed of in the instant case. It is to be regretted that despite detention being eminently suitable and deserved in the instant case, we have to quash the order of detention because of the clearly casual and careless manner in which the same has been passed.

(3.) THE detenu was leaving Bombay at the International Airport on the night between 17th and 18th December, 1987. He and one Shebaz were to carry foreign currency concealed in the rectum and their principal was one Farid Mistry. This Farid Mistry has wisely left foe Dubai earlier and was to receive these two carriers at Dubai. Because of some prior information and perhaps because the detenu was not comfortable, the detenu was stopped at the Air-port and although he denied that he was carrying out contraband item including foreign currency on his person, he was off-loaded. Thereafter he was brought to the D. R. I. Office at Construction House, ballard Estate, and ultimately although he initially persisted in the denial, he finally admitted that he was carrying foreign currency concealed in his rectum. The currency was thereafter recovered and seized under a panchanama which commenced at 9 a. m. and concluded at 11. 30 a. m. on 18th December 1987.