SYED NIZA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The above writ petition is filed for the issue of a Writ of Habeas Corpus by calling for the records of the first respondent connected with G.D. No. SR 1/721-6/ 2001 Public (SC) dated 9.7.2001, quash the same and direct the respondents to produce the detenu Feroz Khan son of Abdul Habeeb now detained in Central Prison, Chennai under the Conservation of Foreign Exchange and ,Prevention of Smuggling Activities Act. 1974 and set him at liberty. The facts relating to this case are stated hereunder.

(2.) Mr. Feroz Khan, who is referred to as the detenu hereunder, holder of an Indian Passport No. B 5267919 dated 18.4.2001 arrived as a passenger from Singapore by Singa pore Airlines Flight No. SQ-410/15/5/2001 at the Anna International Airport. Chennal According to the detention order, when the detenu attempted to pass through the green channel, he was intercepted by the Customs Intelligence Officer and not being satisfied with his reply that he has brought only household articles he was questioned and his baggages namely on CAMPRO zipper suitcase and one EMCORA multi colour zipper bag were opened and examined and they were found to contain video camera digital diary cell phone, CD player and calculators, with a total CIF value of Rs. 6.80.500/and market value of Rs. 10,20,750/-. He is said to have given voluntary statement before the Customs Officer immediately after seizure on 15/5/2001 and on finding that he was attempting to import the electronic goods by way of non-declaration/mis-declaration with the intention to evade customs duty, he was arrested on 16.5.2001 under Section 104(1) of the Customs Act, 1962 and remanded to judicial custody. Thereafter, the impugned order of detention dated 9.7.2001 came to be passed with a view to prevent the detenu from smuggling goods in future. The H.C.P. is filed against this detention order.

(3.) Mr. B. Kumar learned senior counsel appearing on behalf of the petitioner raised the following three main contentions: