- (1.)BY this petition the petitioner has challenged the order of detention of the detenu by name Smt. Dilshad salim Mamdani under the provisions of the conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, herein after referred to as "cofeposa ACT".
(2.)THE detenu, a lady, was detained on 7-4-2003 under the provisions of cofeposa Act pursuant to the order issued under Section 3 (1) of the said Act on 5-4-2003. As per the order of detention it was necessary to issue the order of detention with a view to prevent the detenu from smuggling goods in future.
(3.)THE detenu and her husband by name salim Mohammed Ali Mamdani were apprehended at the mumbai Airport while departing for Dubai via Baharain by the Gulf Air flight GF 057. After verifying her travel documents suspicion arose that she along with her husband was carrying some contraband goods. On their personal search they were found carrying US $ 4000 which they had acquired officially under the Basic travel Quota. Thereafter their two checked in baggages, which were two zipper hand bags, were also searched in which Indian currency notes to the extent of Rs. 36,00,000 were concealed in the chilly powder packets. The statements of the detenu as well as her husband were recorded on the same day under Section 108 of the Customs Act. As per their statements they had visited Dubai twice earlier and their travel was arranged by one Raja who secured visa, ticket and the Basic Travel Quota of US $ 2000 for each of them. As per the statement of her husband the said Raja had offered him monetary gain of Rs. 5000/- for taking the bags which were delivered to him at the Airport.