K S NAGAMUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal, by special leave, has been preferred against the judgment and order of the High Court of judicature at Madras dated 6th August, 2004 in Habeas Corpus Petition no. 164 of 2004. The High Court, by its impugned judgment and order, dismissed the Writ petition preferred by the appellant challenging the order of detention dated January 9, 2004 passed under Section 3 (l) (i) of the Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974 (hereinafter referred to as 'cofeposa').

(2.) The grounds of detention are that the appellant holding an Indian passport arrived from Singapore by Indian Airlines flight on 28.12.2003. He had one checked-in baggage with him namely, a JVC colour T. V. 20". He was intercepted by the Custom Intelligence officers near the exit gate of the Anna International Terminal while he was going out of the hall opting for the green channel. Since he was suspected to be carrying contraband in his baggage, he was intercepted and the two baggages with him were searched. Since the T. V. set was found to be unusually heavy, it was dismantled and it was found that the picture tube was tampered with. The picture tube was broken open and it was found to contain cellphones stuffed in the hollow space of the picture tube, 110 in number of Sony Erricson t610 of 15 cellphones of Samsung SGH E415. The cellphones were valued at Rs. 16,25,000. The said cellphones had not been declared by the appellant.

(3.) It is the case of the respondent that the appellant gave a voluntary statement admitting his guilt and, therefore, he was arrested on 29.12.2003 and remanded to judicial custody.