R GANDHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner who is the detenu himself, seeks release by quashing the order of detention dated 13.08.2002.

(2.) A perusal of the detention order discloses that on 3.7.2002, the detenu who is a holder of Indian Passport, arrived at Anna International Airport, Chennai, from Singapore. After completing immigration formalities, the detenu collected two check-in baggages and also brought one hand baggage. He approached Customs Table No.16 along with the above three pieces of baggage and declared to the Superintendent of Customs that he was in possession of 20 Cellular phones and other electronic goods valued at Rs.60,000/-. Not being satisfied with the declaration and on suspicion that he was in possession of goods much in excess of declared quantity and value, he was checked by the Air Intelligence Unit for detailed examination. In the presence of two independent witnesses, the baggage was checked. This resulted in recovery of 100 numbers of Panasonic cell phones and four pieces of Panasonic digital handy cam with accessories, 20 numbers of cordless phones adaptor, three numbers of Pioneer car stereos and 20 numbers of Panasonic cordless phones. As the detenu did not have any valid document to support the possession of the said goods, and as the goods were found to be in commercial quantity, much in excess of the declared quantity, the goods were seized under the provisions of the Customs Act under Mahazar dated 3.7.2002.

(3.) LEARNED counsel for the petitioner had mainly urged the following two grounds for our consideration: