ABDUL RAHMAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner is the brother of the detenu namely Basheer Ahmed, aged about 33 years, S/o Rahim and challenge is made to the order of detention dated 19.11.2009 passed by the first Respondent, detaining the detenu under Section 3(1)(ii) of the COFEPOSA Act, branding him as a Smuggler.

(2.) THE facts necessary for the disposal of this Habeas Corpus Petition are as follows:- According to the petitioner, the detenu came from Singapore by flight and arrived at Anna International Airport, Chennai on 8.10.2009. On deboarding of the plane, he went to Customs area. THE officials attached to the Directorate of Revenue Intelligence (DRI), had intercepted him as if he brought electronic goods and gold in excess value, though the detenu has brought lesser value of the goods.

(3.) THE detenu moved an application for bail before the lower Court and he was enlarged on bail vide order dated 24.10.2009. THE detenu had executed necessary sureties and came out on bail and while he was complying with the conditions imposed by the lower Court, the order of detention came to be passed on 19.11.2009 by the first Respondent and the same was executed on 20.11.2009 and in pursuant to the same, the detenu was taken in to custody and at present, he is lodged at Central Prison, Puzhal, Chennai.