- (1.) In this application the petitioner has prayed for issuance of a writ of Hebeas Corpus by quashing an order of detention passed by Shri K.L. Verma, Joint Secretary, Govt of India detaining him under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called and referred to for the sake of brevity as 'COFEPOSA').
(2.) Bereft of all unnecessary details, the facts of the matter is as follows:-- The petitioner was arrested on 8.8.1996 purported to be under Section 104 of the Customs Act, 1962 when he had gone to the Calcutta Airport for obtaining a baggage booked in the name of Sri S. Chowdhury which, on suspicion having been opened, was found to be containing 21,000 wrist watches and some cycle parts. According to the petitioner he had travelled from Hongkong to Calcutta by Biman Bangladesh with one S. Chowdhury and the said baggage was missing and was registered as such. The said baggage having been found out Sri Chowdhury requested him to take delivery of the same on his behalf. In fact, according to the petitioner he was not aware of the contents of the said baggage, The petitioner was released on bail on certain conditions. The petitioner was also served with a notice under Section 111(d), (i), (m) of the Customs Act, 1962 along with Sri Monoj Kothari and Sri Rajesh Kothari directing them to show cause as to why the seized articles should not be confiscated. The said notice is contained in Annexure 'A' to the writ application. It appears that the petitioner was examined by the custom authorities under the said Act. On 12.9.96, 16.9.96, 18.9.96 20.9.96, 24.9.96, 7.10.96. and 14.10.96; whereas Sri Monoj Kothari was examined on 5.12.96, 6.12.96, 12.12.96, 13.12.96 and 20.12.96, Rajesh Kothari was also examined on 6.12.96. The gravamen of the charges against the petitioner as would appear from the said show cause notice as contained in Annexure 'A' as also the ground of detention dated 22.1.97. is that Sri Monoj Kothari was the king-pin and he had employed the petitioner as a carrier of the said wrist watches on a remuneration of Rs. 3,000/-.
(3.) It is stated that all the concerned persons visited Hongkong. The petitioner and the aforementioned Shri S. Chowdhury travelled by the same flight. The petitioner was to deliver the said goods to the brother of the Monoj Kothari viz. Rajesh Kothari at the Calcutta Airport. The detention order of Monoj Kothari and the petitioner was prepared on the same day and under the same order as would appear from Annexure 'C' to the writ petition on 22.1.1997 and both of them were detained on 14.2.1997. The petitioner in respect of grounds of the detention and the documents accompanying therewith files a representation before the detaining authority which is contained in Annexure 'D' to the writ application. It is admitted that the matter was placed before the Advisory Board on 4.4.97 and an order confirming the detention was passed by the Central Government on 15.5.1997. On the basis of the opinion of the Advisory Board and directed that the petitioner be detained for a period of one year from the date of his detention i.e. from 14.2.97. The said order reads as follows:-- Whereas an order F. No. 673/7/97-Cus. VIII dated 22.1.1997 has been passed by the Joint Secretary to the Government of India under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 for the detention of Sri Anup Ghosh. Whereas the case of Shri Anup Ghosh was placed before the Advisory Board who are of the opinion that there is sufficient cause for his detention; and Whereas the Central Government has fully considered the report of the Advisory Board and materials on record; Now, therefore, in exercise of the powers conferred by Section 8(f) of the aforesaid Act, the Central Government hereby confirms the aforesaid detention order and further directs under Section 10 ibid that the said Shri Anup Ghosh may be detained for a period of one year from the date of his detention i.e. from 14.2.97.;