Gold Smuggling: Kerala High Court Upholds Continued Preventive Detention Of Accused Rabins Hameed Under COFEPOSA

The Kerala High Court on Tuesday upheld the continued preventive detention of prime accused in the gold smuggling case, Rabins K Hameed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). 

A Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. refused to allow the plea filed by the accused's wife that sought quashing of the detention order.

"On a keen consideration of the issues raised in the above case, we hold, without any doubt that the impugned detention order is legal and the same has been passed by the 2nd respondent (COFEPOSA Joint Secretary) with due application of mind and after arriving at the requisite subjective satisfaction based on the sufficient materials, facts and circumstances of the case." 

The sensational case pertains to smuggling 30 kilograms of gold through diplomatic cargo dispatched to UAE Consulate at Thiruvananthapuram.

Investigation in the case had revealed that Hameed had conspired in the matter with the other accused while being in the UAE as well as India. It was also disclosed that he had arranged funds and purchased gold to be smuggled into India through diplomatic channels. 

The NIA special court at Ernakulam had earlier issued a non-bailable warrant of arrest against Hameed who is also learnt to have arranged for the concealment of gold in electronics or electrical equipment and household items in the UAE for smuggling the contraband to Thiruvananthapuram through diplomatic baggage.

The NIA probe team had pointed out that he was an influential person in the entire case and had also invested money for procuring gold while defending his detention. He was also a key absconder in the matter.

According to the petitioner, the detention was order was since relevant documents relied on in the detention order were not supplied, non-consideration of the representation dated 10-6-2021 is fatal, there has been undue delay in passing the detention order, and there was no application of mind by the detaining authority regarding the potentiality of the detenu to engage in prejudicial activities in future. 

It was also argued to be bad in law for the following reasons: relevant documents were not placed before the advisory board by the detaining authority and further there was suppression of facts by the sponsoring authority in not placing the order rejecting the bail application of the detenu by the NIA Court and finally that the advisory Board constituted in the case of the detenu was not competent to consider the same. 

Advocate K.A. Augustine appeared for the petitioner while Senior Standing Counsel for Customs Manu, CGC Suvin.R and Government Pleader Anas K.A appeared for the respondents in the matter. 

Case Title: Fousia Rabins v. Union of India

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