R VEERAPANDIAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE order dated 12-03-2003, passed by the State of Tamil Nadu, directing the preventive detention of Thiru R.Veerapandian, son of Ramasamy, under Sec.3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), in short 'COFEPOSA', is challenged in this petition, which has been filed by the detenu himself.

(2.) THIS detenu was intercepted while he was on his way to Singapore and was in the process of boarding the flight SQ 409. On suspicion, he was intercepted at the aerobridge and his search resulted in recovery of 300 U.S. Dollar notes in the denominations of US$100s and 50 U.S. Dollar notes in the denominations of US.$50s and 46 EURO currencies in the denominations of 50s. He was thus carrying in all US$31300 and EURO Currencies 200 equivalent to Indian Rs.14,78,000/- approximately. All this was recovered from the bag that he was carrying. He was questioned and his confession statement was recorded wherein he admitted that he had visited Singapore for 40 times and when he had gone to Anna International Airport on 1-2-2003 with one handbag, a person called Mohamed Ismail approached him and gave him two newspaper-covered packets and told that it contained foreign currency and that in case he takes the same to Singapore and gives it to a person called Rabik, he would be given Singapore $150 as remuneration. He had, therefore, hidden the aforementioned packets in his bag without declaring the same before proceeding to the aircraft.

(3.) BY way of his second submission, which was the main submission of the learned counsel, learned counsel invited our attention to paragraph 6 wherein it is mentioned: