GEETHALAKSHMI Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) These two Habeas Corpus Petitions have been filed against the preventive detention orders passed by the first respondent in respect of the detenus P.Hameed Mustaq and S.Tamilselvam @ Kumar respectively under section 3(1)(ii) and 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The former was detained on the subjective satisfaction of the first respondent that he had abetted smuggling of Ketamine by the latter and the latter was detained as he had attempted to smuggle Ketamine out of India and that it was necessary to detain them with a view to prevent the former from abetting smuggling of goods and the latter from smuggling of goods. Smt.Geethalakshmi, wife of the detenu Hameed Mustaq is the petitioner in H.C.P.No.1303/2009. Suresh, the brother of the detenu S.Tamilselvam @ Kumar is the petitioner in H.C.P.No.1306/2009.

(2.) Hameed Mustaq, the detenu concerned in H.C.P.No.1303/2009 was arrested on 02.05.2009 under arrest memo F.No.VIII/48/8/2009-DRI dated 02.05.2009 on the ground that 55.400 Kgs of white colour granular crystalline substance believed to be Ketamine was seized by the officers of the Directorate of Revenue Intelligence from export consignment covered under Shipping Bill No.3358666 dated 29.04.2009 filed in the name of M/s.Raja Rajeswari Enterprises, having IEC No.0406012113 as the same was believed to be attempted to be exported without a No Objection Certificate envisaged under Notification No.67(RE-2007)/2004-2009, dated December 27, 2007 issued by the Director General of Foreign Trade under Section 5 read with section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992 and without mentioning the fact that Ketamine was being exported in the shippingbill and by concealment in the export consignment under which Potash Feldspar was supposed to be exported, which made the goods liable for confiscation under section 113(d), (e) and (h) and section 119 of the Customs Act, 1962 and that the detenu Hameed Mustaq abetted Tamilselvam @ Kumar, the other detenu in smuggling the contraband out of India.

(3.) Similarly, Tamilselvam @ Kumar, the detenu concerned in H.C.P.No.1306/2009 was arrested on 19.05.2009 under arrest memo F.No.VIII/48/8/2009-DRI dated 19.05.2009 based on the above said facts in respect of the very same consignment attempted to be exported and believing that the said detenu committed the offence of smuggling, punishable under sections 135(1)(b) and 135(1)(c) of the Customs Act, 1962.