A SYED IBRAHIM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The challenge is to the order passed against the petitioner, one A. Syed Ibrahim, dated 4.4.2002, by the State Government directing the preventive detention of the petitioner under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) A short background would be not out of place. The detenu landed at Anna International Airport, Chennai, on 28.2.2002. He was carrying two checked in baggages and one hand bag. He was carrying a declaration chit which suggested that he was declaring that the goods worth a lakh of rupees. He was allegedly intercepted and on examination of the baggage, it was found that he was carrying the goods worth 19 lakhs of rupees approximately. His statement was recorded where he claimed that one unknown person has given the goods and he was a receiver of Rs.5,000/- for taking the goods to India. He has also agreed that he was caught twice and the goods were ordered to be released on payment of redemption fine and penalty also. The detenu was then lodged in the jail and the further investigation began. However, on the basis of these materials collected, the detention order came to be passed on 4.4.2002, as has been stated earlier.

(3.) It is the case of the petitioner that while in incarceration, he sent a retraction letter dated 27.3.2002, which was given to the jail authorities for transmitting to the proper authorities on 28.3.2002. In this retraction letter, the earlier statement dated 28.2.2002 was completely retracted by the detenu giving his side of the story, perhaps claiming that he had not given a final declaration and even before the final declaration was given, he was nabbed by the authorities and had he been given a proper opportunity to give a declaration, he would have given the proper declaration covering the goods he was carrying.