RADHAKRISHNAN PRABHAKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is a law graduate. He is preventively detained under Section 3 (l) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA Act'). His detention commenced on 26/4/1999 and is for a period of one year. This writ petition is filed under Section 32 of the Constitution challenging the aforesaid detention order.

(2.) The petitioner arrived at Anna International Airport, Chennai on 25/4/1999 from Singapore by Singapore Airlines. He was intercepted by customs authorities and on interrogation the authorities realised that he was carrying with him in one of his baggage items electronic goods worth about Rs. 16 lakhs. After recording his statement he was arrested on the next day. He moved the Chief Metropolitan Magistrate, Chennai for bail on 28/4/1999 Though his application for bail was dismissed by the said Magistrate and again dismissed when the motion was repeated by him he was, however, released on bail by order dated 28/6/1999.

(3.) It was in the aforesaid background that detention order, now under challenge, has been passed against him. Mr. K. K. Mani, learned counsel who argued for the petitioner raised mainly 4 grounds for assailing the said detention order, they are: (1) there was delay in disposing of the representation made by him to the central government; (2) the documents referred to in the grounds of detention have not been supplied to him; (3) the application for bail and the connected documents relating to one Mr. Rajappa Neelakantan, who was co-traveler of him, who too was arrested in connection with the same transaction, have not been supplied to the petitioner; and (4) there was no compelling reason to preventively detain the petitioner.