SHAIK RAHAMATHULLAH Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner, who is the detenu herein, challenges the detention order dated 7.12.2011 passed by the first respondent against him under Sec. 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, quash the same, produce him before Court and set them at liberty. On 10.9.2011, the detenu, holder of a Singapore Passport No. E-1719683K dated 22.3.2010, arrived from Brussels by Jet Airways Flight No. 9W 225/9.9.2011 vide E-Ticket No. 5892863870213 at Chennai Anna International Airport. The detenu after having collected his baggage bearing Tag No. 0589 9W557345P and hand baggage passed through the green channel. However, he was intercepted at the Exit by the Air Customs Officers. He was questioned whether he wanted to declare anything to Customs and whether he was carrying any gold or other valuables in his baggage or in his person. The detenu replied in the negative. Not satisfied with the reply the Customs Officer examined the baggage and the hand baggage. But nothing was found.

(2.) On repeated questioning, the detenu admitted that he had five packets containing 175 gold coins inside his pant pockets. The detenu did not possess any valid licence but produced an invoice dated 8.9.2011 issued by the Gold and Forex International Brussels, Belgium for the purchase of the gold. As the detenu did not declare the gold to the Customs Department, which is violation under the Customs Act, the same was seized by the Customs Officer under Mahazar.

(3.) His confession statement was also recorded. Since the detenu attempted to pass through the green channel without paying duty and also had given statement voluntarily admitting such possession of gold and valuables imported into India without valid documents, he was arrested on 10.9.2011 and produced before the learned Additional Chief Metropolitan Magistrate, E.O.II, Chennai on the same day.