Oral Judgment: (Per A.K. Menon, J.)

1. This writ petition arises out of the detention order dated 30th September, 2014, by which one Ms. Salma Karolia of Surat was detained in exercise of the powers conferred by section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (“COFEPOSA”) read with Government Order of Home Department dated 18th December, 2014. The said detenu is detained at Nashik Road Central Prison, Nashik. The petitioner is the nephew of the detenu and has filed the present petition for the life, welfare and personal liberty of the detenu.

2. On or about 30.9.2014, the Respondent No.2 Detaining Authority issued a communication containing the grounds of detention of the detenu. The facts set out in the said communication are as follows :

On 20.12.2013 at about 8.30 am Emirates Flight EK 504 from Bahrain landed in Mumbai. The Customs Officers were keeping vigil on incoming passengers and in the course of surveillance officers of Air Intelligence Unit (“AIU”) found the detenu moving about in a suspicious manner near Conveyor belt No.5, looking very nervous. She was talking to two other male passengers, whose movements also appeare

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