SHAJIRA PARVEEN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner is the sister of the detenu namely Abdul Sathik S/o Kattubava, aged about 29 years and challenging the vires of the order of detention dated 19.11.2009 passed by the first Respondent, branding him as a Smuggler and detaining him under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA), has filed this Habeas Corpus Petition.

(2.) The facts necessary for the disposal of this Habeas Corpus Petition are as follows:- The officials attached to the Directorate of Revenue Intelligence (DRI) on the basis of the specific intelligence to the effect that the detenu who is arriving by Jet Airways Flight No.9W 0015/8.10.09, would attempt to smuggle electronic goods, in trade quantity and items of gold jewellery in the guise of personal baggage and attempt to clear the same without declaring to the Customs authorities or paying appropriate duty, had intercepted the detenu on his arrival at Chennai Airport. The detenu has produced his passport, boarding card of his flight, counterfoil for baggage tags and also Customs declaration form wherein the table number was mentioned as 11.

(3.) The detenu was also found carrying two hand baggage namely a Campro black coloured shoulder bag and a plastic carry bag with Panasonic markings. As per the baggage declaration given by the detenu, he declared the value of the goods brought by him at Rs.70,000/-. on the request made by DRI, the detenu also identified and produced his checked in baggage which are two in numbers and one black umprella. Search was made in respect of the hand baggage and the checked in baggage and it was found that the detenu was carrying electronic goods in trade quantity and gold jewellery. A Mahazar to the contents of the same was also prepared on 8.10.2009. The officials of the DRI, Chennai, arrived at the value of the electronic goods by by adopting the purchase price in Singapore Dollars reflected in the invoices viz., M/s. Venki Enterprises Private Limited, Singapore and M/s. Pawa Brothers Trading Private Limited, Singapore, both dated 7.10.2009. Wherever prices of electronic goods mentioned in the Annexure to the mahazar were not available, the prices were determined by referring to OS registers with the assistance of Customs Officers and by downloading the value/price from the internet after giving due allowance towards abatement for Customs duty and profit margin. The detenu was also shown a range of prices downloaded from the internet and the officials of DRI, Chennai, had adopted least of the said range of prices so available and the detenu agreed to the same. The gold jewelleries found in three paper packets found in possession of the detenu, were also valued by one Thiru.B.Mohan Achari, Government of India Certified Gems Consultant (Gold Smith) and he certified the gold jewels to be of the purity of 22 Carat and weighing about 329.460 grams. The goods in question as well as the travel documents were seized under the cover of mahazar dated 8.10.2009 in the presence of the witnesses. On search of the detenu, nothing incriminating was found and the personal belongings to the detenu were returned to the detenu.