BADRUNISSA Vs. TAMIL NADU STATE

JUDGEMENT

(1.) The detention of Abdul Khader, aged 52 years, on the ground that he was engaged in smuggling activities, was made on 15.11.2002. He was detained at the Chennai Airport, when he returned to Chennai from Hong Kong and was found to be carrying 31 kgs. of white powdery substance in a suit case and attempting to pass through the Green Channel after giving the declaration regarding the number of pieces of baggage brought by him, which was one, but without making any declaration regarding dutiable goods that he may have carried in that suit case.

(2.) After the bag was opened in the presence of witnesses, it was found that there were six polythene bags containing white powdery substance labeled as "seamax bonding solution". After the samples obtained from those bags were analysed, it was found that the white powdery substance was steroids, viz., 16 kgs of Prednisolone, 10 kgs of Dexanethasone and 5 kgs of Betamethasone, the total value of which was Rs.15,95,000/-. He was arrested on 2.8.2002. He was later granted bail by the Court on 17.9.2002 and was on bail at the time the detention order was made on 15.11.2002. He had not breached the condition subject to which the bail had been granted.

(3.) In his confession statement, a statement which he subsequently retracted, but which retraction itself was later retracted, he has stated that he was employed as as courier for one Nazir and that he was paid a sum of Rs.5,000/- for making trips to Hong Kong and bring back with him things delivered to him by a person in Hong Kong and he had always walked through the Green Channel, having brought the articles in his accompanying baggage and that the things so brought by him were handed over to Nazir immediately he came out of the airport. His passport showed that he had made many trips to Hong Kong in the preceding 18 months.