Kerala HC upholds preventive detention of man in gold smuggling case

NewsDrum Desk
27 Jan 2023

Kochi, Jan 27 (PTI) The Kerala High Court has upheld the preventive detention of a man under COFEPOSA Act in a gold smuggling case.

Abdul Raoof, accused of smuggling gold worth over Rs 7 crore through the Cochin port by the Directorate of Revenue Intelligence (DRI) in 2021, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act.

A division bench comprising Justices Anil K Narendran and P G Ajithkumar upheld the detention of Raoof.

It was hearing a petition against his detention, saying he was not provided with certain documents in connection with the case.

The court noted that the accused failed to mention the relevance of the documents he sought in the writ petition.

"The detenu did not state in what way such documents are relevant for him to make his representation and how the non-supply has affected his right to make a meaningful and effective representation. In such circumstances, his attack to the detention order on the ground of non-supply of documents also fails," the court noted in its January 24 order.

Deputy Solicitor General of India, Manu S, pointed out that the documents demanded by the detenu were totally irrelevant.

The investigating agency also said that the detaining authority had arrived at the "subjective satisfaction and all necessary documents were furnished to the detenu (accused)".

The matter is related to an unaccompanied baggage, which was checked on April 20,2021 by the DRI and found contraband gold weighing 14,763.300 gms and valued at Rs 7.16 crore hidden inside the compressor of the refrigerator.

The sleuths summoned three people, including the father-in-law of the accused on the same day and recorded their statements.

DRI claimed before the court that the accused was running a cargo handling and forwarding business in Dubai and was scouting for passengers who send unaccompanied cargo to India.

It also said that the accused, who was residing in a Gulf nation, refused to appear before the investigating officers despite many summons.

He was arrested when he reached the state. PTI RRT ROH ROH

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