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7. With permission of jail authorities, statement of detenu was taken under Section 108 of Customs Act on 22.09.2018 at Central Prison, Thiruvananthapuram. On scrutiny of his passport, it was noticed that detenu had arrived at Delhi on 11 occasions since 05.12.2017 until 13.06.2018. Another photograph received from mobile phone of detenu showed an invoice pertaining to exchange of US Dollars and Saudi Arabian Riyals to UAE Dirhams worth 36,97,093.25/- by one Abdul Latif Jamshedi and purpose of exchange was shown as buying gold. Invoice dated 18.03.2018 was issued by Orient Exchange Company (LLC), they were requested to furnish details of foreign exchange transacted by detenu, Azmuddin Nazamuddin, Khair Mohammad Akhtar and Abdul Latif Jamshedi through overseas branches. The Orient Exchange and Financial Service Pvt. Ltd. by letter dated 04.10.2018 provided currency exchange details done through their sister concern M/s. Orient Exchange Company (LLC), Dubai. As per details furnished by them, detenu had purchased AED 36,97,970.50/- on 17.03.2018 by selling USD 7,52,920/-, Saudi Riyal 8,00,000/- and Sterling Pound 30,000/-. As per cash declaration document issued by Dubai Customs and submitted by the detenu at M/s Orient Exchange Company (LLC), currency was taken by the detenu from New Delhi on 17.03.2018 while travelling to Dubai by Air India Flight AI 933. Currency declarations issued by Dubai Customs would show detenu and his associates Khair Mohammed Akhtari and Abdul Latif Jamshedi had smuggled foreign currency from India. All of them shown their address at Dubai as 302, Abdullah Building. Declaration given by detenu to Dubai Customs on 17.03.2018 would show he was travelling from Delhi and he had declared foreign currency equivalent to AED 36,85,950.90/-. In order to unearth the modus operandi of organised smuggling of foreign currency and to identify key persons behind the racket, Commissioner of Customs, Cochin vide letter dated 12.11.2018 requested DRI, Delhi to further investigate the matter. In the meantime, on 01.10.2018, remand warrant was extended by ACJM (Economic Offence), Ernakulam till 14.10.2018. Detenu, however, was granted bail on 05.10.2018 on certain conditions including surrender of his passport and that he shall not leave India without prior permission of the Court. A show cause notice dated 05.10.2018 had been issued to detenu under Section 124 of Customs Act, 1962 proposing confiscation of foreign currency valued at INR 10,94,05,047.50/- under Section 113(d), (e) and (h) of Customs Act, 1962 read with provisions of Foreign Exchange Management Act 1999 and Regulations 5 and 7 of Foreign Exchange Management (Export and Import of Currency) Regulations Act, 2015 and penalty to be imposed under Section 114 of Customs Act. According to department, detenu had not replied to it so far. Complaint to prosecute the detenu under Section 135 of Customs Act had been filed by Assistant Commissioner of Customs, Kochi on 26.10.2018. He had also requested to release his passport as he did not have any other identity. According to department, further investigation conducted indicates that detenu is part of an international racket actively engaged in smuggling of foreign currency. It is stated that the currency declaration issued by Dubai Customs on his arrival from India on 17.03.2018 is an explicit evidence that he had been smuggling currency on earlier occasions. Therefore, according to department, seizing foreign currency on 14.06.2018 is not a single incident as he was engaged in currency smuggling during his earlier visits also.

11. The Ld. counsel on behalf of detenu has pointed out that since detenu's passport has already been seized and same is in possession of Custom's Authority, therefore, question of detenu joining the prejudicial activities does not arise at all and detention order becomes bad in law. He relied upon Amritlal (Supra), Ibrahim (Supra), Smt. Gracy (Supra), Pebam Ningol (Supra), and Moulana (Supra) in his written arguments.

12. Per contra, Amit Mahajan, Central Govt. Standing Counsel, has submitted that before passing detention order, investigation was carried out by authorities and found detenu being involved in various smuggling activities of foreign currency and further submitted that detenu was found involved on 11 occasions of said activities. His involvement is based on cogent evidence, made available to the authorities and it is on this basis, authorities after subjective satisfaction that detenu could be indulging in prejudicial smuggling activities etc. in near future passed said detention order and present writ is without merit. He relied on Judgment in UOI & Anr. v. Dimple Happy Dhakad 2019 SCC OnLine SC 875.

13. The facts on record indicates that detenu was earlier detained vide detention order dated 18.07.2018 which subsequently was revoked on 27.09.2018 on advice of Central Advisory Board as there were no sufficient grounds to detain him.

14. It is the allegation of the respondent department after revocation of detention order, it came into notice of authorities with cogent evidence that detenu is involved in smuggling of different foreign currencies in considerable magnitude and in well planned manner, which has been clandestinely organized and carried out. The statement of detenu that he used to smuggle around 300 cartons of cigarettes from Dubai/Kabul on his arrivals has no reasonable explanation for his 11 visits other than cigarette smuggling. Detenu's visit only for smuggling cigarette does not appear to be true as expense for visits do not tally with profit he makes by smuggling 300 cartons of cigarettes. His visits to Dubai on Business Class tickets otherwise is not profitable to him unless he is involved in smuggling activities of foreign currency. 300 cartons of cigarette does not fetch good profit to him. The video footage of detenu's arrival at Delhi, travelling details of detenu, Azmuddin Nazmuddin and Khair Mohammad Akhtari and photographs of said persons, point that he is part of a well-organized racket which is engaged in smuggling of foreign currency in high magnitude.

ii. Video clippings from detenu's mobile showing his involvement in smuggling of foreign currency with help of certain other persons;

iii. Materials produced by Orient Exchange Company (LLC) showing declaration by detenu for his dealing in foreign exchange.

was subjectively satisfied that detenu is engaging himself in smuggling of foreign currency and if he is released on bail, there is every likelihood of his indulgence in prejudicial activities, therefore, it was necessary to detain him in order to prevent him from engaging in such activities.