SAID FAROUK Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above petition has been filed by the detenu-Said Farouk challenging the order of detention passed by the first respondent in his proceedings in G.O.No.SR.1/618-5/2010, Public (S.C.) Department dated 08.12.2010 detaining him under Section 3(1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [Central Act 52 of 1974], (hereinafter called as COFEPOSA).

(2.) THE brief facts leading to the passing of the detention order as aforesaid is that on 29.10.2010, at Chennai Anna International Airport the detenu was intercepted by the Customs officers, when he came from France and on a personal check conducted on him, they recovered 536 gold coins totally weighing 4288 gms valued at Rs.76,54,080/- and 3000 Euros from him. Subsequent to the seizure, the detenu had given a statement dated 02.09.2010 admitting the seizure of gold coins and 3000 Euros. In connection with that, the detenu was arrested on 03.09.2010 and case was registered under Sections 132 and 135(1) (a) and (b) of the Customs Act and was released on bail on 24.09.2010 with certain conditions. Subsequently, the condition was also relaxed. On the basis of the aforesaid materials placed before him, the detaining authority came to the satisfaction that if he remains at large, he will indulge in such prejudicial activities again, even though his passport has been produced before the Court. Hence, the detention order was passed. Challenging the said detention order, this Habeas Corpus Petition has been filed by the detenu.

(3.) THE learned counsel for the petitioner further submitted that though a detailed counter affidavit has been filed by the first respondent, in para No.7 of the counter affidavit the aforesaid facts, viz., the various dates of appearance of the detenu before the Judicial Magistrate Court, Alandur have not at all been referred to or denied and it has not been explained as to why the order of detention could not be executed between 08.12.2010 and 31.03.2011. In the counter affidavit, it has been stated that the order of detention was sent to the executing authority on the same day and the police party who visited the address mentioned in the detention order on 31.12.2010 and 16.01.2011 have reported that the house of the detenu was found locked and the detenu was evading his arrest and hence he was arrested only on 02.02.2011. In support of his contention, the learned counsel for the petitioner placed reliance on the order dated 24.08.2011 passed by the Division Bench of this court in HCP No.2380 of 2010 [J.Syed Mohamed vs. State of Tamil Nadu and two others]. In Para Nos.18 and 19 of the said order, the Division Bench has held as follows: