BAJAJ PREETI TULSIDAS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Petitioner is the detenue against whom an order is passed by the State Government on 9-7-1999, directing the detention under the provisions of Section 3(1)(i) of the Conservation of ForeignExchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA' Act).

(2.) It seems that on 9-5-1999, the detenue, holder of an Indian Passport, arrived as a passenger at Anna International Airport, Chennai from Singapore, by Singapore Airlines Flight SQ 410, and was carrying a zipper bag as checked in baggage as also a dark blue colour zipper suitcase and two red colour handbags. The detenue then proceeded to Customs Table No. 10 and declared that she was in possession of two cellular phones and other goods totally vaued at Rs. 80,000/-. She was intercepted on suspicion and when asked whether she was carrying any contraband, the detenue replied in the negative. When she was examined closely in the Air Intelligence Unit room, she again reiterated that she was not carrying any contraband. After the examination of her zipper bag, it was found that the said zipper bag contained 10 Sony Compact Discs, 2 Panasonic telephone extension cords, 4 Pioneer Power Amplifiers and 14 Citizen Calculators. The bottom of the zipper bag was found to be tampered with and, therefore, it was cut open. It was found 12 wrist watches were kept concealed. Even the Amplifiers, which were recovered, were unusually heavy and hence, they were opened. They contained 4 Nokia cellular phones, 4 Samsung cellular phones and 14 citizen calculators. Not only this, but finding that the 14 calculators were being unusually heavy, they were opened. It was found that they were carrying 6 SIM Cards in each of the 14 calculators. The examination of the zipper suitcase showed that there were 20 Panasonic Camera batteries, 70 HP Ink Cartridges and 2 Nokia cellular phones. When the red colour handbag was examined, it was found that it contained 30 Sony Data Cartridges, 25 Exabite data Cartridges and 36 HP Ink Cartridges, while the other red colour handbag was found to contain 200 Panasonic Printer Ribbons along with the personal belongings of the detenue. It was obvious that the detenue was trying to smuggle these goods into India without paying proper duty and without declaring the same.

(3.) The confession statement of the detenue was recorded, admitting all the above details. A further statement was also recorded on 10-5-1999 wherein, the detenue gave her true address as "Flat No. 602, Dreamland Apartments, 6th Floor, Near Goal Maidan, Ulhas Nagar 2". She also admitted that the name of her friend, who gave her money in Singapore, was Vishal and that she did not know her address or telephone number.