SAROJA Vs. STATE

JUDGEMENT

(1.) The petitioner herein is seeking the issuance of a writ of habeas corpus for the release of her husband Chinnadurai alias Durai, the detenu, now detained in the Central Prison, Madras, in pursuance of an order of detention passed by the first respondent in G.O. Ms. No. 236, Public (Law and Order-D) Department, dated 15th February, 1983 issued under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act).

(2.) The grounds on which the detention order has been made are as follows:- On a specific information, the Aranthangi Customs Officers arranged for a road block on Aranthangi-Avudayar Koil level-crossing gate on the night of 13/14th August, 1982. At about 5 a.m. on 14th August, 1982, the officers noticed a Standard Van bearing registration No. MSQ 3095 coming towards Aranthangi. The vehicle did not stop despite the signals given by the officials. However, the said vehicle stopped at a little distance as the level-crossing gate had already been closed at the instance of the officials. Two persons who travelled in the vehicle escaped in the darkness. The officers caught hold of the third person whose name was revealed as Thiru R.M. Selvaraj, son of Rayaiah Servai, Nadukudiyiruppu, Perungudi Avanam, Ponpethi Post, Avudayar Koil Taluk. The vehicle contained 19 bags of foreign goods, viz., 820.80 metres of. 100 per cent polyester gaberdine suitings, 2,610 metres of white shirtings, 6 National Panasonic Radio cassette recorders-Model RX 5030-F, one number National Panasonic Radio cassette recorder-Model 1540, 2 Nos. of National Panasonic Radio cassette recorders-Model RX 1440-W, 3 Nos. of RQ 2157 National Panasonic Tape recorders, 2 Nos. of portable radios-Model R 303, and 85,700 Nos. of zips fasteners, all valued at Rs. 3,23,796. There was no valid permit or document for licit importation of the above goods. Therefore, the officers seized the above goods. Therefore, the officers seized the abovesaid 19 gunny bags of foreign goods together with the vehicle MSQ 3095 which is of the value of Rs. 50,000 for action under the Customs Act, on the reasonable belief that the abovesaid goods had been smuggled into India and that they are liable for confiscation under the Customs Act.

(3.) Thiru R.M. Selvaraj gave a statement on 14th August, 1982, wherein he stated that he is related to the detenu, that on the night of 13th August, 1982, at about 7 p.m. the detenu called him and instructed him to go to the first new bridge between Mimisal and Arasaneri in two bullock carts, one driven by him (Selvaraj) and another by one Pethiyaiah, staying in the detenu's house and that accordingly Selvaraj proceeded to the spot where the detenu was also present with one Shanmugam. Then the detenu took them to a salt pan to the south of Pudur Road and loaded these 19 bags in the two bullock carts, with instruction to proceed to Ponpethi Bridge where a van would be waiting. The detenu also accompanied the carts. As the carts reached the brigde, the abovesaid van was found parked. The detenu, Selvaraj, Shanmugam and Pethiayaiah loaded all the 19 bags in the van. The detenu instructed Selvaraj to travel in the van, upto the old hospital at Aranthangi and after its passing the gate, to come back on the next day. Accordingly, Selvaraj left along with one Kader Mohideen and the driver, and it was only on the way the van was intercepted at Aranthangi level-crossing gate. The further facts placed before the detenu are that Selvaraj in his statement has referred to certain smuggling activities of the detenu, stating that the detenu was doing smuggling for the past ten years in association with one Kader Mohideen of Trichy and one Kurangu Sait, a bangle merchant at Trichy. In the subsequent statement recorded from Selvaraj on 16th August, 1982, the said Selvaraj has stated that he had earlier assisted the detenu on two occasions in smuggling and that on such occasions 15 to 20 bags were sent by lorries. It is further stated that in spite of the summons requiring the detenu's appearance on 30th September, 1982 before the Customs officials, which summons was served on him by affixture on the doors of his house on 27th September, 1982, neither he made himself available for appearance, nor did he respond to the summons.