- (1.) This Writ Petition under Article 226 of the Constitution of India challenges the order dated 10th April, 2015 passed by the 2nd respondent in exercise of the powers under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "COFEPOSA Act"). By the impugned order the 2nd respondent has directed that one Mr.Vilas Vithal Ambokar (for short "the detenu") be preventively detained with a view to preventing him from smuggling of goods and has directed that the detenu shall be detained in Nasik Road Central Prison, Nasik. As averred in the writ petition, the petitioner claims to be wife of the detenu and as such interested in the life and personal liberty of the detenu.
(2.) Learned counsel for the petitioner has drawn our attention to the impugned detention order and the grounds of detention on the basis of which the detention order is made by the 2nd respondent as served on the detenu.
(3.) The facts on the basis of which the detention order has been made are that there was a specific intelligence received that gold smuggling racket was operating at the Chhatrapati Shivaji Maharaj International Airport with the connivance of airlines staff and ground handling staff. A discreet watch was kept outside the customs area of the arrival hall of Terminal II of CSI Airport, Mumbai on the night of 18/19th October, 2014. One Mr. Ahamed Kunhi Pallath holding Indian Passport was suspected of carrying foreign marked gold bars and was identified upon his arrival by Indigo Flight from Dubai. This person was found carrying a blue coloured document folder and a black coloured trolley bag. Search of the document folder resulted in recovery of three mobile carrying cases and each mobile carrying case was found containing three FM bars of gold of one kg each wrapped together with blue coloured adhesive tape. In all nine gold bars having foreign make each weighing 1 kg was recovered from his possession. These gold bars were not declared by Mr.Ahamed to the customs authorities. The value of these gold bars in the international market was approximately Rs.2.23 crores. The gold bars were seized under section 110 of the Customs Act, 1962 under a panchanama dated 19th October, 2014 under a reasonable belief that the gold bars were liable for confiscation under the Customs Act. Inquiries revealed that one Mr.Mahesh Mahadik who was working as Security Officer in Indigo Airlines would help Mr.Ahamed while he boarded the coach meant to ferry passengers from the aircraft to the terminal building of the Airport. Mr.Mahadik would accept the folders containing gold bars from Mr.Ahamed and would exchange the same for identical empty folder. Inquiries revealed that this modus operandi was adopted for quite sometime in the past. The statement of Mr.Mahesh Mahadik was also recorded who revealed that on earlier occasion he had received similar bag of black or grey coloured folder containing gold bars at the aircraft ladder or inside the airline coach and thereafter he used to hand over the same to one Mr.Ganesh Jagtap employed as a Coach driver who in turn used to hand over the folder containing gold bars to the detenu who was employed as a Security Manager in India Bulls for their chartered flights at Mumbai Airport and posted at Gate No.8 of the CSI Airport. On further inquiry it was revealed by Mr.Mahesh Mahadik that the gold bars inside the folder were finally smuggled out of the Airport premises by the detenu through gate No.1 at the Domestic Terminal of CSI Airport.;