R HAFEEZUR RAHMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) As against the petitioner herein the first respondent clamped an order of detention on 21.4.2003 under Section 3(1)(i) of The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from smuggling goods in future.

(2.) As seen from the grounds of detention, on 20.3.2003, the detenu herein, holder of Indian Passport arrived at Anna International Airport, Chennai from Singapore after immigration formalities, while carrying hand baggages and one brown colour cardboard carton without tag, he was intercepted by Officers of Air Intelligence Unit on suspicion that his bags might contain contraband goods and was questioned. The detenu declared the value of the goods at Rs.25,000/= Being not satisfied, the detenu and his baggage were brought to the Air Intelligence Unit room for detailed examination. The detenu identified his baggage in the presence of witnesses and also produced relevant claim tags. When The detenu was questioned about the missing tag on the cardboard, he replied that he had removed and tore the tag to avoid customs examination.

(3.) In the presence of witnesses the baggage were examined. The black colour "Kenny" zipper handbag found to contain three Panasonic Video Cameras and 215 Cellphone Batteries. The blue colour "Worldwide Emcora" zipper bag found to contain 30 Sanyo Cordless phones, 155 cellphone adaptors 10 Nokia 3610 Cellphones without accessories, 20 Nokia 3315 cellphones without accessories, 10 Nokia 3350 Cellphones without accessories, 4 Nokia 8250 Cellphones without accessories and 6 Nokia 6510 Cellphones without accessories. On the inspection of brown colour cardboard carton without tag, it was found to contain Pioneer DVD Player, Samsung VCD Player and cellphones. Thus innumerable items in commercial/trade quantity were found and the total value being 7,93,850/=. Very many items and accessories like Cellphones of various makes were found concealed inside the Sansui VCD Player. The detenu attempted to smuggle the goods without the knowledge of Customs by way of concealment and misdeclaration. The detenu also made a voluntary statement before the Customs Officers. While narrating the sequence of events which lead to the seizure of goods the detenu also confessed that he had travelled ten times to Singapore.