SANTHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner prays for the issue of writ of habeas corpus calling for the records relating to the order of detention passed in G.O.No.S.R./611-7/99, Public (SC) Department, dated 26.7.1999 by the State of Tamil Nadu represented by its Secretary to Government Public (SC) Department, quash the same and produce the body of the Radhakrishnan Prabakaran to set him at liberty.

(2.) THE order of detention had been passed under Sec.3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the detenue had been detained on 28.7.1999. THE period of detention had already come to an end.

(3.) THE detenue as seen from the order of detention dated 25.4.1999 arrived at Chennai Anna International Airport from Singapore by Singapore Airlines with two pieces of hand baggage. On arrival, the detenue after completing the immigration formalities, proceed to green channel declared that he had no dutiable goods to declare and when he was about to exit from the arrival hall, he was intercepted on suspicion that he might be carrying contraband/ electronic goods in his baggage or on his person. When questioned the detenue replied in the negative and the answer was not satisfactory and as the detenue was extremely nervous he was taken to air intelligence unit room along with his two hand baggage consisting of One Echolac black colour zipper trolley bag and one transparent plastic duty free shopping bag for detailed examination. On examination in the presence of two witnesses electronic goods namely cellular phones without antenna, batteries and accessories, 10 nos. Samsung SGH 600 batteries, 140 nos. of antenna for Cellular phones, 100 nos. of ear phones details of which are not required to set out but worth Rs.16,02,000 were recovered.