The Patna High Court has upheld the detention order under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) in foreign origin gold smuggling case.
The bench of Justice Vipul M. Pancholi and Justice Alok Kumar Pandey has observed that when the detaining authority after satisfying itself subjectively after considering all the relevant material, passed the impugned order of detention, the same cannot be interfered with while exercising power under Article 226 of the Constitution of India.
Specific intelligence input was received that a syndicate was involved in the smuggling of foreign origin gold from Yangoon (Myanmar) to Gaya through Gaya International Airport with active involvement of Marshals deputed in the flight as well as the flight handling executive working at Gaya International Airport.
As per the intelligence input, a consignment of foreign origin gold has been planned to be smuggled via two Myanmar International Flights coming to Gaya from Yangoon. It is alleged that the kingpin of the syndicate is Md. Salim, who operates from Yangoon.
Arun Kumar and Pappu Kumar, both senior customer service executives of Air India Airport Service Limited, helped the syndicate in collecting foreign origin gold from Marshals in the flight and deliver it to Kunal Kishore, who is a former employee of Air India Airport Service Ltd., for further delivery to Md. Hassan (petitioner), who used to deliver it to the customers as per directions of the kingpin of the syndicate, i.e., Md. Salim.
On the basis of the intelligence input received by the DRI, the authority along with the other officers formed three teams, one team for interception of the incoming consignment of the foreign origin gold at Gaya International Airport; second team for conducting search at the residence of Kunal Kishore and the third team for conducting search at the residence of the petitioner.
The first team, which was keeping surveillance at Gaya International Airport, apprehended four persons, namely, Ko Ko Latt, Htin Linn Phyo, Arun Kumar and Pappu Kumar, from whose possession 25 gold bars were recovered weighing 12004 grams valued at Rs.7,38,24,600.00, which were seized and a seizure list was prepared.
The second team conducted raid at the residence of Kunal Kishore from where, 124000 US Dollar were recovered, which were alleged to have been given by Mr. Hassan (petitioner) as commission from the sale proceeds of the smuggled gold.
To ascertain the involvement of the petitioner in the alleged episode, search was made by the third team at his house. However, nothing incriminating could be recovered except Rs.8,40,000.00, which is hard earned money of the petitioner’s father, who is suffering from several ailments.
However, it has been falsely urged by the prosecution that the said amount was the sale proceeds of the smuggled gold and on that count, the petitioner was made an accused along with others in the complaint filed by the respondent authorities under the provisions of the Customs Act and he was sent to judicial custody on 15.12.2023.
The petitioner has challenged the order passed by the respondent detaining authority under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The petitioner has also challenged the communication dated 29.05.2024 issued by the concerned respondent authority by which the Central Government has confirmed the order of detention passed by the detaining authority. The petitioner has prayed that both the impugned orders be quashed and set aside.
The court while dismissing the petition held that the mere circumstance that a detention order is passed during the pendency of the prosecution would not vitiate the order.
Case Details
Case Title: Mohammad Hassan Versus UOI
Case No.: Criminal Writ Jurisdiction Case No.2016 of 2024
Date: 17/02/2025
Counsel For Petitioner: Shri Prakash Tiwari
Counsel For Respondent: P.K.Verma
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