J ABDUL HAKEEM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred by the detenu, appellant challenging the order of the High Court dated 10th December 2004 whereby the High Court has confirmed the order of detention dated 23rd July 2004 made under the provision of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as "the COFEPOSA Act"). As per the impugned detention order the officers of the Directorate of Revenue Intelligence, Chennai received an intelligence on 16-7-2004 to the effect that detenu was arriving at Anna International Airport, Chennai from Colombo by Sri Lankan Airlines Flight UL-123 bringing electronic goods and other items in trade quantity in order to smuggle the same without payment of appropriate customs duty. In pursuance of the intelligence received, the appellant was intercepted by the customs authorities on his arrival on 16-7-2004. A personal search was conducted by the customs officials but nothing was found. However, from his personal baggage and hand baggage, custom officials found huge quantity of electronic goods valued at Rs.19,92,200/-. The said goods were seized. Appellant was arrested and he gave a statement before the officials of the Directorate of Revenue Intelligence and on the basis of the said material found on 23-7-2004, an order of detention was issued. The appellant was served with the grounds of detention on 27th July 2004.

(3.) On 6th August 2004, detenu submitted a representation to the State and the Central Authority and, thereafter made representation to the Advisory Board. The representation made to the Advisory Board was rejected on 8-9-2004. The order of detention was confirmed on 24-9-2004. Thereafter, the appellant-detenu preferred a writ petition, challenging the order of detention which was dismissed by the High Court. Hence, the present appeal by Special Leave.