BHUVANESWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These two writ petitions have been filed for issue of writ of habeas corpus for releasing two persons viz., One Raghuraman and One Sundararajan two brothers who have been detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as COFEPOSA Act. Writ Petition No.787 of 1990 is by Bhuvaneswari, wife of the said Raghuraman and Writ Petition No. 791 of 1990 is by Perumayeeammal, mother of the said Sundararajan.

(2.) The facts are (assign from the grounds of detention) : On 18-8-1989, on information, the Customs Officers attached to C.I.U., Tiruchy searched the residential premises of the detenu Sundararajan at No. 6/287, L.I.C. Colony, Alagapuram, Salem-4. The Officers found one plastic wire bag containing 64 gold bars with foreign markings which totally weighed 7115 grams with 24 carat purity valued at Rs. 22,69,000/-. Sundararajan had no import licence or any other document to prove that the said gold bars were licit ones. Therefore on presumption that they had been smuggled the officers seized them. Immediately the officers rushed to the residential premises of the detenu Raghuraman at 65-V, Achuramasamy Street, Shevapet, Salem-2 and when searched they found Indian Currency of Rs. 2,50,000/-. On questioning Raghuraman admitted that the said money was the sale proceeds of gold bars of foreign origin and there was no account for that. The Customs Officers therefore seized the said currency of Rs. 2,50,000/-. Sundararajan gave a statement before the Superintendent of Central Excise that he was assisting his brother Raghuraman in his silver jewellery shop and that Raghuraman had told him that he was going to Delhi to purchase gold on 14-8-1989 and that on 18-8-1989 at 4.30 a.m. Raghuraman came to his house and handed over one plastic wire bag containing 64 gold bars asking him to keep them safely and that he (Sundararajan) used to assist Raghuraman in selling gold bars of foreign origin. Raghuraman gave a statement on 18-8-1989 stating that in connection with his silver kolusu business he knew one Vinay Kumar of Delhi and the said Vinay Kumar gave him at Delhi 64 gold bars of foreign origin for selling and he (Raghuraman) brought it to Salem and he gave them to Sundararajan to keep them safely and it was at that time the Customs Officers went there and seized them. Considering these and the other facts the detaining authority viz., State of Tamil Nadu was satisfied that the two detenus have indulged in engaging in transporting smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods and that if they are let to remain at large they would further indulge in such activities and recourse to normal criminal law would not have the desired effect of effectively preventing them from indulging in such activities and therefore the State Government considered that it was necessary to detain them under Sections 3(1)(iii) and 3(1)(iv) of the COFEPOSA Act, 1974 and accordingly orders were passed and they were detained.

(3.) Since both the detenus were engaged in the alleged activities in a same transaction and they are brothers both the petitions can be disposed in one common order.