SYED MOOSA KADARI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE detenu Syed Moosa Kadari has challenged the order of detention in G.O.No.SR.1/325-4/2010 Public (SC) Department, dated 10.7.2010, made by the first respondent detaining him under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) THE facts which led to detention, in brief, are as follows: Thiru. Syed Moosa Kadari, using Import and Export Code of Thiru. P.Mohan in the name of M/s.Indra Electronic Services, imported two consignments covered under Bill of Entry No.148885 dated 15.3.2010 and Bill of Entry No.149090 dated 15.3.2010 and the consignments were examined on 17.3.2010 in the presence of witnesses and Custom House Agent and in total, 74 numbers of D90 Nikkon Digital Still Image Cameras were found concealed in D40 Nikkon Digital Still Image Camera boxes and they were seized under Mahazar. Thiru. Syed Moosa Kadari was arrested on 6.4.2010 and remanded to judicial custody on the same day and he filed bail petition dated 6.4.2010 and the Additional Chief Metropolitan Magistrate, E.O.I, Egmore, Chennai, enlarged Thiru. Syed Moosa Kadari on bail by Order dated 9.4.2010 with a condition and the condition was relaxed by Order dated 11.5.2010. THE detention order was clamped on Thiru. Syed Moosa Kadari on 10.7.2010 and that is being challenged in this petition.

(3.) IN his bail petition filed on 6.4.2010 the detenu has stated thus "The petitioner submit that he retract the statement given under threat, coercion, undue influence. So hereby retract as 'involuntary one' ". IN the subsequent representations, sent through counsel, dated 13.4.2010 and 19.4.2010, it is stated that the detenu did not make any voluntary statement and the same were obtained under coercion, threat and undue influence and he retracts the statement as involuntary one.