VASANTHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE present habeas corpus petition has been filed praying this Court to call for the records of the first respondent made in letter No.SR.I/891-5/2000, dated 24.7.2000 in ordering detention of Krishnan Govindaraj, quash the same and set the said detenu at liberty.

(2.) HEARD Mr.B.Kumar, learned senior counsel for Mr.R.Loganathan, appearing for the petitioner, Mr.G.M.Syed Fasiuddin, learned Additional Public Prosecutor, appearing for the respondent No.1 and Mr.Su.Srinivasan, learned Additional Central Government Standing Counsel, appearing for the respondent No.2.

(3.) THE detenu admitted that he did not declare the above foreign currencies at the time of customs clearance and that he did not possess any valid document for legal procurement/ possession/ export, the foreign currencies were seized under a Mahazar at the Airport itself. THE detenu had made a voluntary statement wherein he had stated that the foreign currencies were given to him by a Burma Bazaar trader for being carried into Singapore and handed over to a person at Singapore, who would approach him at Singapore Airport and that he carried foreign currencies for a monetary consideration. THE detenu was arrested and remanded to judicial custody. On the materials placed by the sponsoring authority the Detaining Authority clamped the order of detention against the said detenu while the detenu was under judicial remand, which remand is also being challenged in the present habeas corpus petition.