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2022 Supreme(Ker) 309

A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
NUSHATH KOYAMU D/O MOHAMMED ALI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M. AJAY, V.P. PRASAD.
For the Respondents: JAISHANKAR V. NAIR, S. MANU, K.A. ANAS.

JUDGMENT :

1. Specific, confidential information received by the officers of the Directorate of Revenue Intelligence, Cochin Zonal Unit (hereinafter referred to as ‘DRI’) that a smuggling syndicate, in connivance with a Gcard holder of Customs Broker, Cochin Sea Port, was engaged in smuggling of gold from Dubai, in a concealed unaccompanied luggage imported through container Freight Station (CFS), Willington Island, Kochi. The specific information conveyed that the gang had recruited one Althaf Moosan Mukri for whom unaccompanied baggage was sent from Jabal Ali Port of UAE, booked in the name of the said Althaf Moosan Mukri. It was conveyed that it contained huge quantity of concealed gold and would be cleared on 20-4-2021, in the guise of genuine unaccompanied baggage containing household items. Accordingly, the intelligence officers mounted surveillance in and around the port Container Freight Station. While so, the said Althaf Moosal Mukri arrived at CFS at about 2 p.m. for clearing the baggage. He was intercepted and the unaccompanied baggage addressed to him was examined in the presence of Superintendent of Customs and two independent witnesses. The baggage declaration was sign

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