NUSHATH KOYAMU Vs. UNION OF INDIA

JUDGEMENT

(1.) Specific, confidential information received by the officers of the Directorate of Revenue Intelligence, Cochin Zonal Unit (hereinafter referred to as 'DRI') that a smuggling syndicate, in connivance with a Gcard holder of Customs Broker, Cochin Sea Port, was engaged in smuggling of gold from Dubai, in a concealed unaccompanied luggage imported through container Freight Station (CFS), Willington Island, Kochi. The specific information conveyed that the gang had recruited one Althaf Moosan Mukri for whom unaccompanied baggage was sent from Jabal Ali Port of UAE, booked in the name of the said Althaf Moosan Mukri. It was conveyed that it contained huge quantity of concealed gold and would be cleared on 20/4/2021, in the guise of genuine unaccompanied baggage containing household items. Accordingly, the intelligence officers mounted surveillance in and around the port Container Freight Station. While so, the said Althaf Moosal Mukri arrived at CFS at about 2 p.m. for clearing the baggage. He was intercepted and the unaccompanied baggage addressed to him was examined in the presence of Superintendent of Customs and two independent witnesses. The baggage declaration was signed by the proprietor of M/s. Mercantile and Marine Services which was the Clearing House Agency (CHA). The staff of the CHA, Mr. Biju v. Joy and two other representatives were present there. After identifying the baggage, the said Althaf was informed about the purpose of their visit and with his consent, items were checked. On a detailed examination, it was found that, huge quantity of gold was concealed in the compressor of a refrigerator, brought as an unaccompanied luggage. It contained 126 pieces of gold bars and one cut piece. A Gold Assayer was called who weighed it and found that, it was pure gold bars of 999 purity and it weighed 14763.300 gms. valued at market price of about Rs.7.16 crores.

(2.) Apart from the passenger, the statements of one Mohammed Ali, Biju V. Joy and Abdulla S.S. were taken on 20/4/2021. On 21/4/2021 yet another statement was recorded from Mohammed Ali. They were arrested on 21/4/2021 and the bail applications were moved on 23/4/2021, which were dismissed on 30/4/2021. The second set of bail applications filed was dismissed on 5/5/2021 and finally bail was granted by the Sessions Court by its order dtd. 11/5/2021 as the DRI did not oppose the bail application on the ground of Covid 19 pandemic and thus bail was granted. Biju V. Joy alleges that he has retracted the statement on 29/5/2021, whereas, Mohammed Ali is said to have retracted his statement on 7/6/2021 and Abdulla.S.S on 8/6/2021. The DRI has issued a rebuttal letter to these persons on 15/6/2021. Further statements were also recorded and detention order, Ext.P1 was passed on 24/8/2021. Pursuant to the detention order passed on 24/8/2021, the detenus were detained at the Central Prison, Poojappura, Thiruvananthapuram on 1/9/2021. WP(Crl) No.107/2022 is filed Mohammed Ali, WP(Crl.)No.108/2022 is filed by Abdulla.S.S. and WP(Crl.)No.109/2022 is filed by Biju V.Joy.

(3.) The prejudicial activities alleged against the detenus and the contentions against the orders of detention are almost similar and hence all these petitions are heard together.