- (1.)THOUGH this petition, preferred under Article 226 of the Constitution of India, the petitioner who is the next friend of the detenue Abdul Kadar Andunhi (a) Kamaruddin Puthu Parambi) Sayed Mohammed, hereinafter referred to as the detenue, has impugned the detention order dated 11th December, 1996, issued by the respondent No. 2, Shri P. M. A. Hakeem, the Secretary to the Government of Maharashtra, Home Department. (Transport), and the Detaining Authority, Mantralaya, Bombay, detaining the detenue under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), hereinafter referred to as the COFEPOSA Act. The detention order and the grounds of detention, which are also dated 11th December, 1996, and true copies of which are annexed as Annexures "a" and "b" respectively to the petition, were contemporaneously served on the detenue on 4th July, 1997.
(2.)THE prejudicial activities of the detenue are contained in the grounds of detention. In brief the grounds of detention reads thus: 2-a) On a prior intelligence tip-off, the officers of the Sahar Airport, Cargo, Preventive Unit, on 20-4-1996, intercepted the detenue, who was holding Indian P. P. No. A-0003603 dated 26-10-1995 and has just arrived from Dubai by Emirates Flight No. EK 502, outside Customs Arrival Hall, Sahar Airport, Mumbai and found him in possession of a cardboard box, wrapped in a bed sheet, one zipper hand bag and a plastic bag, which he claimed as his own. The bed sheet and zipper bag were bearing baggage tag Nos. EK 452950 and EK 452971 respectively. The officers enquired from the detenue about the contents of the baggage and his reply that the goods therein were within his free allowance, did not satisfy them. On examining the baggage before independent witnesses, they found 2654 pieces of wrist watches of foreign origin and other dutiable goods of foreign origin of the value of Rs. 5, 51, 220/- C. I. F. , and Rs. 11-02-440/- of the local market value, concealed in it. They seized the said articles under a panchanama. From the personal search of the detenue which was also conducted in the presence of the panchas, a passport, bearing No. C 530843 issued at Cochin on 2-3-1988. In the name of Kamarudheen Puthuparambil was recovered. 2 (b) The statement of the detenue was recorded under section 108 of the Customs Act, and therein he admitted the following facts
(i) that the goods were seized from his baggage; (ii) that he had a passport bearing No. A 0003603 which he had obtained through an agent in Bombay: (iii) that the address given in the passport was not correct; (iv) that his agent had arranged his ticket to Dubai; (v) that he had come to Bombay from Kerala with the intention to go to Dubai and to bring therefrom imported goods, including watches, and sell them in Crawford market and earn profit; (vi) that on 17-4-1996 he had gone to Dubai by flight No. EK 503 and returned to Bombay on 20-4-1996 at which time the offending seizure was made; (vii) that his actual name is Mohammed Sayed and his permanent address is Kunnilapadappu House, Kanhangad Taluka, Kanoor District, Kerala; and (viii) that he had travelled to Dubai five times in the past but had never brought such goods before.
2 (c) The detenue was arrested; produced before the Chief Metropolitan Magistrate on 22-4-96; remanded to judicial custody till 24-4-1996; released on bail on 25-4-96; and availed of the bail on 26-4-1996. 2 (d) The detaining authority has recorded his subjective satisfaction in terms that he was satisfied that the detenue was engaged in committing prejudicial activities and to curb them it was imperative to detain him under the COFEPOSA Act. 2 (e) The detenue was also appraised by the detaining authority about his right to make representations to the various authorities.
(3.)WE have heard Mrs. A. M. Z. Ansari for petitioner, Mr. D. G. Bagwe, Additional Public Prosecutor for respondents 1 to 4 and Mr. R. M. Agarwal for respondents 5 and 6.