A SOWKATH ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-detenu challenges the detention order dated 23rd December, 1999 passed by the State of Tamil Nadu under Section 3(1)(i) and (ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'COFEPOSA'). The Challenge is based on number of grounds though learned counsel for the petitioner confined his submissions mainly on one ground which we shall be referring later.

(2.) The short facts are, the Customs Officers of Directorate of Revenue Intelligence on the 2nd June, 1999 intercepted two passengers by name N. Prabhakaran and Mohd. Ibrahim Abbas at Anna International Air Port, Chennai as they were about to board a flight to Singapore. On a search of both the persons foreign currencies and travelling cheques of large amount were recovered from both of them. On 7th November, 1999 one Saravanan was apprehended and his statement was recorded. This statement implicated the petitioner which describes how he has concealed the foreign currencies in chappals and condoms and attempted to send the same out of India through the aforesaid Prabhakaran and Mohd. Ibrahim Abbas. On 26th November, 1999 detenu was summoned to appear before the Directorate of Revenue Intelligence where his statement was recorded. He is said to have stated that he had started a travelling agency by name Kurunji Travels in Chennai when he came in contact with the said Saravanan. There were two other persons belonging to Colombo and Singapore who have decidded to export foreign currencies illegally out of India. On the basis of this confessional statement detenu was arrested on 27th November, 1999 when he was already a remand prisoner. During the period of remand on 23rd December, 1999 the aforesaid impugned detention order was passed against the petitioner.

(3.) The main and only ground pressed by Mr. B. Kumar, learned counsel for the petitioner is that the detention order is liable to be set aside as there has been a suppression of vital and important document by the sponsoring authority (custom authority) from it being placed before the detaining authority. Submission is, it is an obligation of the sponsoring authority to place all relevant documents before the detaining authority for him to form his subjective satisfaction. Non-placement of any of such relevant document vitiates the detention order. In support his submission is that sponsoring authority placed the confessional statements of the aforesaid two co-accused persons, namely, N. Prabhakaran and Mohd. Ibrahim Abbas before the detaining authority but did not place their retractions from the said confession. This being a vital document, having bearing on the issue of detention of the petitioner and which was likely to affect the mind of the detaining authority hence its non-placement invalidates the detention order passed against the detenu. The grounds of detention clearly reveals that satisfaction of the detaining authority is also based on the confessional statements dated 6th September, 1999 of both the aforesaid two co-accused. Their retracted statements clearly reveals that it was made involuntary which is also described in the very first bail application filed by them before the Magistrate on the 5th June, 1999.