In reply, the Governments stand was that the report of the Advisory Board has been submitted within time and that the Additional Chief Secretary had made the detention observing that there were clear chances that the detenu would companytinue his smuggling activities despite the seizure of his passport as the smuggling activities companyld companytinue even within India after he had been released on bail.
The writ petitions were, accordingly, dismissed.
Appeal Nos.2391 The High Court 2392/2010 examined both the 3 companytentions and held that there was numberviolation of Section 8 c of the COFEPOSA and insofar as the second companytention was companycerned, the apprehension that if enlarged on bail the detenu companyld companytinue with his smuggling activities without even travelling abroad was a possibility, and as such, the detention order was justified.
Appeal Nos.2391 2009.
of Gold Jewellery which he had number declared to the Customs.
He was thereafter produced before the Advisory Board and the Board too companyfirmed his detention for a period of one year from the date of his detention.
He thereafter filed an appeal before the City Civil and Sessions Judge, Bangalore which was numbered as Criminal Miscellaneous No.4858 of 2009 which was ultimately allowed and bail was granted to him on the 5th December, Crl.
As per the case put up against the detenu, he had been arrested at the Bangalore International Airport after he had been found in possession of 4.35 kgs.
A writ petition was thereafter filed by the petitioner impugning the detention of her son.
Before the High Court, several submissions were made that the advisory board did number send a report within 11 weeks from the date of the order of detention as required by Section 8 c of the COFEPOSA that in view of the seizure of the passport of the detenu by the respondents, the apprehension of the detaining authority that the petitioners son would companytinue his smuggling activities companyld number be accepted as it would number have been possible for him to leave India without a passport.
He was 2392/2010 however detained 2 under the COFEPOSA on the 24th January, 2010.
He moved an application for bail which was rejected by the Special Court for Economic Offences.
HARJIT SINGH BEDI, J. These appeals arise out of the following facts The son of the appellant, Nazhar Ahmed by name, was detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 COFEPOSA by the order of the Additional Chief Secretary to the Government, Home Department dated 20th January, 2010.
