B. R. GAVAI, PRASHANT KUMAR MISHRA, K. V. VISWANATHAN
Shabna Abdulla – Appellant
Versus
Union of India – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. The present appeal challenges the final judgment and order dated 24th January 2023 in Writ Petition (Crl.) No. 596 of 2022, passed by a Division Bench of the High Court of Kerala, whereby the High Court dismissed the petition filed by the appellant, who is the sister-in-law of the detenue and thereby upheld the detention order dated 24th August, 2021 issued against the detenue (one Abdul Raoof) under Section 3 of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as “COFEPOSA”) and its confirmation vide order dated 24th May, 2022.
2. The facts, in brief, giving rise to the present appeal are as given below.
2.1 On 20th April, 2021, the unaccompanied baggage of one Althaf Moosan Mukri was checked and inside the compressor of a refrigerator amongst the baggage, contraband gold weighing 14,763.30 grams valued at Rs. 7,16,16,768/- was found and seized.
2.2 Statements of co-accused persons were recorded, whereby they admitted that the detenue who was residing in Dubai, UAE, was running a cargo handling and forwarding business and was scouting passengers who had unaccompanied cargo to be sent to India. It w
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