TaxTMI 
TaxTMI 
2017 (4) TMI 12
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....als by name, Abdul Ghani and Hammed Ulla, would be boarding the Qatar Airways Flight QR 573 from Bengaluru to Dubai via Doha, at around 3.15 am on 09.12.2015 at Kempegowda International Airport and that they would be carrying foreign currency concealed in their checked in baggage without declaring the same to the Customs authorities, the DRI Officers intercepted them at the exit point of the Security Check area and on scanning the contents of the baggage and after examination, they recovered from the checked in baggage of Abdul Ghani, transparent plastic covers containing beaten rice; on opening the paper covers, foreign currency of various denominations of different countries were found. Thereafter, checked in baggage of Hameed Ulla was also scanned and examined; bundles of foreign currency rolled together kept in pockets of two jeans pants and two shirts were recovered. The total foreign currency recovered from Abdul Ghani was equivalent to Indian currency of Rs. 54,20,792.30/-. The total foreign currency recovered from Hameed Ulla was equivalent to Indian currency of Rs. 1,04,35,812.30/-. On enquiry and investigation, it was found by the DRI Officers that Abdul Ghani stated that....
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....smuggle out the said amount, so as to give it to one Raees. Mohammed Imtiyaz Farooque was intercepted by DRI Officers at Kempegowda International Airport on 30.04.2009, while he was attempting to board flight G9498 Air Arabia; it was found that he had concealed in his baggage Indian currency; iii) that detenue was arrested in the attempted smuggling of Rs. 8,00,000/- Indian currency on flight UL172 on 19.02.2012 at Kempegowda International Airport by Bengaluru Customs; iv) that detenue was arrested by Bengaluru Police, CCB, J.C.Nagar, Bengaluru, in connection with possessing of fake Indian currency of about 20 lakhs and was put in Central Prison from 14.08.2013 to 15.11.2014 in Crime No.108/2013 and was released on bail subsequently. 6. Several other instances have been narrated in the grounds of detention. The other key person Mohammed Shuab Bahadur, who is the associate of the detenue and who is the detenue in the connected WPHC No.97/2016, has been named in several cases along with the present detenue. 7. The authorities have found from the evidence and materials gathered during investigation and also from the statement recorded that Mohammed Shuab Bahadur was the organ....
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.... the present case. Paragraphs 19 to 23 of the said order reads as under: "19. On careful consideration of the entire materials on record, we are of the considered view that the detaining authority has formed its subjective satisfaction regarding the involvement of the detenue in smuggling of nearly 120 to 130 Kgs. of gold through Kempegowda International Airport, Bengaluru, by engaging handling agents. The authorities have recovered from travel agents, documents which disclose that the detenue had purchased tickets for international passengers who acted as carriers for bringing gold on various occasions. They have also found that the detenue had himself made about 45 to 50 visits during the period from March 2014 to October 2015 to Bangkok and Dubai and had indulged in making cash transactions worth Rs. 35 lakhs during November 2013, October 2013, without even having PAN, through ICICI Bank Savings Account. The investigation conducted by the DRI leading to seizure of Rs. 1,04,35,812/- worth foreign currency on 09.12.2015 has revealed that it was the result of planned execution of smuggling operation jointly by the detenue and his associate one Fazal. Thus, overwhelming materials ....
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....etention. 22. In the instant case, the confessional statement is not the only factor upon which the detaining authority has passed the order. There are several independent facts other than the confessional statement in the form of seizure of gold and recovery of important documents from travel agents, the travel details of the detenue, the nature and manner of activities having deleterious effect on the national economy, thereby seriously and adversely affecting the interest and security of the State, have been brought home during the course of investigation. 23. As held by the Apex Court in the case of PRAKASH CHANDRA MEHTA Vs. COMMISSIONER AND SECRETARY, GOVERNMENT OF KERALA & OTHERS - 1985 (SUPP) SCC 144, particularly in paragraphs 78 to 82 and in the wake of the overwhelming materials gathered in the course of investigation by the authorities in the form of seizure of gold, currency notes and several other incriminating materials, the need to protect the society from social menace by detaining such persons engaged in smuggling and related activities which have adverse effect on the national economy aimed at disrupting the economy has to be kept in mind along with the all ....