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2016 Supreme(Ker) 506

K.T.SANKARAN, K.P.JYOTHINDRANATH
S. Reshmi – Appellant
Versus
Union of India, Rep by The Secretary to Government of India, Ministry of Finance, Department of Revenue – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. O.V. Maniprasad, Sri. Jose Antony
For the Respondent: Sri. Suvin R. Menon, Sri. John Varghese

JUDGMENT :

Four persons, namely, Manu E.V., R. Krishnakumar, P.K. Shajahan and Muhammed Rasheed were detained as per the order dated 28.5.2015 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act'). Manu E.V. And R. Krishnakumar were working as Assistant Central Intelligence Officers at the Kochi International Airport, while P.K. Shajahan and Muhammed Rasheed are travel agents at Angamali. It is alleged that on 7.1.2015 and 14.1.2015, one Ijaz Abdulla K., a passenger in Dubai-Kochi flight, illegally brought 4 kgs. each of gold to India. The further allegation is that Manu E.V. and R. Krishnakumar facilitated the movement of gold from Airport to outside on 7.1.2015 and also agreed to do so on 14.1.2015. It is also alleged that P.K. Shajahan, Muhamed Rasheed, Kunhayankutty @ Kutty and Imthiyaz constituted a smuggling syndicate and with the help of passengers from Dubai to Kochi and the two Assistant Intelligence Officers at Kochi International Airport smuggled large quantities of gold on more than thirty occasions. The CCTV footage at the Kochi International Airport on 26.12.2014 an













































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