M ADAIKALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition filed by the brother under Art. 226 of the Constitution of India for issue of a writ of Habeas Corpus for releasing the detenu by name M. Adaikalam detained by the State of Tamil Nadu under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter referred to as the Act.) The order of the Government in G.O. No. SR/464-5/82 Public (SC) Dept. dt. 24-2-1982 reads as follows :-

(2.) There is a memorandum of the Public (SC) Department of the same date which contains the grounds on which detention order has been made, as contemplated by the provisions of the Act, and the same has been served on the detenu. The basis on which the impugned order is passed are that on 7-11-1981 at about 3 p.m. while the Customs Preventive Staff. Tiruchirapalli. Were conducting road check at Asur on Thanjavur-Tiruchirapalli Road, a car bearing Registration No. MDU 8630 with three inmates sped past the picket towards Tiruchirapalli, ignoring the signals given to stop. The officers gave a chase and the speeding car came to a halt at Tiruverambur near the Bharat Heavy Electricals Limited compound and the inmates took to their heels. Two of them were chased and caught; one of them being the detenu and the other one A. Jeyaraj. The third person who escaped was the cleaner Kuppuswamy. The car MDU 8630 was examined by the officers in the presence of witnesses and it was found to contain four packages; two of them in between the from and rear seats and the other two inside the dicky. When questioned the apprehended persons informed that the packages contained nylon zip fasteners of foreign origin. On examination, they were found to contain Y.K.K. nylon zips of foreign origin. The gunny bags had the markings of having come from Sri Lanka. As they could not produce any customs duty paid receipt or any other documents, the packages were seized along with the car under a mahazar. The total value of the articles seized including the car came to Rs. 80,000/-. The detenu gave a statement before the Superintendent of Central Excise. Customs preventive Union. Tiruchirapalli, on 8-11-1981 to the effect that he was working as a driver in the office of the Deputy Director, Animal Husbandry, Pattukottai, for a period of three years, Pattukottai, for a period of three years, that at present he was under suspension for being involved in a smuggling case and that when he was driving the car MDU 8630 on 7-11-1981 at 2-45 p.m. with contraband goods along with Jeyaraj, the owner of the car, and the cleaner Kuppan alias Kuppuswamy, the customs authorities signalled the car to stop but with a view of escape he drove the car fast without stopping and stopped it at the BHEL Township and took to his heals along with the other inmates. He and Jeyaraj were caught and the contraband goods were seized along with the car by the officers. He stated that the zip fasteners were brought by Jeyaraj from one Dasan of Sri Lanka who was staying at Pattukottai for being delivered to one Mohideen at Tiruchirapalli. He used to get Rs. 150/- each time from Jeyaraj for his services he had transported contraband goods from Dasan to Mohideen in the same car twice previously along with Jeyraj. When he was asked about his earlier involvement in a customs offence, he stated that in February, 1981 when he was transporting contraband goods valued at Rs. 1.5 lakhs belonging to one Kanda Thevar to Madras, his car was stopped but he managed to escape abandoning the car. later, he appeared before the Customs Authorities after obtaining anticipatory bail and admitted the offence. He also admitted that he transported smuggled goods from Kanda Thevar to Mohideen several times and that Mohideen had been buying smuggled goods. He stated he knew Dasan who was a citizen of Sri Lanka and he was staying in A. V. Lodge. Pattukottai. When Dasan wanted to transport contraband goods, he used to meet him or Jeyraj at the Pattukottai taxi stand. He admitted the two instances, one before and one after Deepavali, of delivering smuggled goods to the men of Mohideen near the petrol bunk/milk project at Tiruchirapalli. One of Mohideen's man used to wear a green shirt and have a red handkerchief. He admitted that he knowingly committed the offence.

(3.) Jeyaraj, who was apprehended along with the detenu, gave a statement on 8-11-1981 before the Superintendent of Central Excise, Customs Preventive Unit, Tiruchirapalli, corroborating the version given by the detenu.