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 Sec.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.) THE respondents filed their counter and it is contended that the contentions advanced by the petitioner are unsustainable and there is no violation of principles of natural justice, that all the documents relied upon by the detaining authority were furnished to the detenu and merely because copies of Bail Application and rejection were not furnished, the same will not prejudice the detenu as they are not relied upon documents and that apart they are the petitioner's own documents.