VENUGOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Venugopal, a relative of the detenu R. Balakrishnan has filed this writ petition under Art. 226 of the Constitution of India, for issue of a writ of Habeas Corpus or any other order or direction in the nature of a writ calling for records of the respondent in SR.1/ 899-5/89. dt.27-7-89 and to set him at liberty, under the following circumstances.

(2.) On 26-5-1989 at 1 a.m. the detenu Balakrishnan along with his wife Sushila arrived at Bombay airport and they reached the domestic terminal at Bombay air port at 6-30 a.m. and left for Bangalore by flight. They left Bangalore by 10 a.m. by bus and reached their native place via Tiruchi. While they were alighting at the Peramangalam bus stop from the bus, they were intercepted by the officers of the Customs Division, Tiruchi. They had three bags and since there was no facility to examine them at the bus stop, they were taken to the house of the detenu along with the baggages and the baggages were examined in the presence of the detenu and in the presence of two independent witnesses, and the following items were recovered from them.

(3.) The detenu Balakrishnan as well as his wife gave statement on 28-5-1989 explaining the circumstances under which they came to possess the foresaid items of contraband. They were arrested on 28-5-1989 and remanded to judicial custody on 29-5-1989. Subsequently, they were released on bail on 29-5-1989 with condition that the detenu should report before the Superintendent of Customs Department. Thereafter, a representation has been made by the detenu as well as by his wife on 15-6-1989. In that representation, the detenu and his wife not only retracted their earlier statement but also explained the circumstances under which they came to possess the seized goods. After following the procedure, the order of detention was passed under S.3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on 27-7-1989.