B.M.TULSIDAS, P.V.NARAYANAN NAMBIAR
Mohammed Sali – Appellant
Versus
State Of Kerala – Respondent
NARAYANAN NAMBIAR, J.
The father of detenu Mohammed Sali Ansar, who has been detained under Sections 3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA Act'), seeks a Writ of Habeas Corpus to set his son at liberty.
2. On 11-8-1994, an unaccompanied baggage was cleared by the detenu from the Trivandrum Airport on payment of duty. While the goods were taken to a metador pick-up van, it was intercepted by the Senior Intelligence Officer, Directorate of Revenue Intelligence, Trivandrum and a few of his subordinates. As the Officers have entertained a reasonable belief that the unaccompanied baggage contained contraband goods which are not declared, the entire good were taken to the Customs House where the baggage was opened and inspected. On inspection, it was found that the baggage contained undeclared articles, the total market value of which was estimated at Rs. 26,22,220/-. But, the detenu had only declared articles valued at Rs. 11,150/- for which he paid Rs. 12,750/- as customs duty. On questioning, the detenu had said that the goods did not belong to him, but those were only sent in
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