1998 (9) TMI 571 - HC - Companies Law

Detention order upheld for concealing foreign currencies under COFEPOSA Act

The court upheld the detention order under the COFEPOSA Act against a Senior Flight Purser who concealed foreign currencies, despite challenges raised by ... Detention order Issues:1. Challenge to detention order under COFEPOSA Act.2. Allegation of foreign currencies concealed by detenu.3. Non-application of mind by detaining authority.4. Delay in disposing of representation.Detailed Analysis:1. The petitioner, mother of the detenu, challenged the detention order under section 3(1)(i) of the COFEPOSA Act. The detenu, a Senior Flight Purser in Indian Airlines, was found with foreign currencies despite declaring only a gold ring. The petitioner argued that since the detenu was terminated from service and his identity card taken away, there was no imminent danger, questioning the detaining authority's application of mind. Reference was made to previous cases like Smt. Jaya Arun Bhosale v. State of Maharashtra and Smt. Jyoti Nandlal Manglani v. State of Maharashtra to support the contentions.2. The counter affidavit denied the allegations, stating the detenu had concealed foreign currencies worth Rs. 52 lakhs, and the suspension order was unrelated to the detention. The detaining authority had sufficient material to justify the detention, emphasizing the detenu's potential involvement in smuggling activities despite not being a crew member. The argument was supported by the decision in Kusum Chandelkant v. L. 1993 Crl. LJ 185.3. The issue of delay in disposing of the representation was addressed, with timelines provided in the counter-affidavits to demonstrate a reasonable timeframe for decision-making. The court considered the events and intervening holidays, concluding that there was no undue delay in handling the representation, citing the decision in Mani v. The District Magistrate & District Collector, Thiruveannamalai [H.C.P.No. 308 of 1998 dated 10-9-1998].4. The judgment discussed precedents like Kusum Chandelkant's case and Smt. Jyoti Nandlal Manglani's case to establish the legal principles regarding detention orders. It emphasized the importance of following proper procedures and laws while evaluating the grounds for detention. The court concluded that the detention order was based on valid reasons, considering the detenu's past actions, potential links, and the nature of the offense. The court rejected the petitioner's arguments and dismissed the petition, finding no grounds to interfere with the detention order.