IZADEEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has challenged the order passed under the provisions of Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, dated 24.1.2002, ordering the detention of the detenu.

(2.) The detenu was a passenger travelling from Colombo. After reaching Chennai Airport on 28.12.2001, he collected a checked in baggage bearing tag No.UL 281926. He had come by Srilankan Airlines Flight No.UL 121. This tag was in the name of one Noor Mohammed. The detenu started walking through the green channel. He was intercepted by an Intelligence Officer on suspicion that he was carrying some contraband. In the search, 10 Umbrellas were found and in the rods of those umbrellas as many as 238 small metallic yellow rods made of gold were found. They amounted to 1630 Grams of gold worth about Rs.7,40,834/-.

(3.) His statement was recorded, where he admitted that the bag, though was in the name of Noor Mohammed, belonged to him. His voluntary statement was recorded on the same day where he stated that he had visited India four or five times earlier; that he knows Sinhalese and Tamil to read and write; that he used to bring other materials like cloves and soaps, and used to carry clothes from here; that he had met a person named Noor Mohammed in Colombo Airport and he requested him to check in his baggage in the name of Noor Mohammed along with his two baggages and for this he was paid Rs.500/-. Accordingly, he had, as per the request of Noor Mohammed, registered his baggage along with Noor Mohammed's two baggages in the name of Noor Mohammed and gave the luggage tag. He then admitted that he took the flight to Chennai and in Chennai Airport he collected his one checked in baggage. Further statement was also recorded on the same day wherein he admitted his connection with Noor Mohammed. On these grounds, the order seems to have been passed rendering him to be a smuggler and with a view to prevent him from taking part in the smuggling activities.