K T VISALAKSHIAMMAL Vs. STATE OF TAMIL NACU

JUDGEMENT

(1.) W.P. No. 2416 of 1983 is for issue of a writ of habeas of corpus in order to release the detenu K. T. Mohan, who has been detained under section 3(1)(i) of the Conservation of Foreign Exchange and prevention of smuggling Activities Act, 1974 (hereinafter referred to as the Act, W. P. No. 2634 of 1983 is for the issue of a writ of habeas corpus for the release of the detenu G. Hayath Batcha, who has been detained under section 3(1)(i) of the Act. Since the transaction in which both the detenus have been taken into custody is the same, we are dealing with both the writ petitions by a common order.

(2.) As far as the facts of these two cases are concerned, on 25th July, 1983, around 1-00 am. Karaikal customs officials intercepted a jeep bearing registration number MSW 3558 parked near the Tamil Nadu Tourism Department Travellers Rest House at Poompuhar and on seeing the customs officials, the three occupants of the jeep took to their heels in a bid to escape. They were chased and apprehended. They are, the detenu in W.P. Mo. 2416 of 1983, the detenu in W. P. No 2634 of 1983 and one Rajamanickam. The customs authorities found a steel plate in between the rear seats and that plate contained 131 packets of opium wrapped with polythens paper and tied with jute rope. The opium was found to weight 123, 500 Kgs., and it is valued at Rs. 1,50,750.00. It was seized for action under the Customs Act, 1 962 on the reasonable belief that they were attempted to be illicitly exported to Sri Lanka. The jeep was also seized for action under the Customs Act, 1962, since the case was used for concealing and transporting the opium.

(3.) The detenu in W.P. No. 2416 of 1983 has given a detailed statement wherein he has referred to his previous associates such as Ramamurthi and Kandu Thevar, who were instrumental for smuggling goods for the purpose of exporting them to Sri Lanka on prior occasions, Throughout these transactions, according to the statement of the detenu K.T. Chandramohan, the detenu in W.P. No. 2634 of 1983 was his close associate. After referring to these prior smuggling activities, the detenu K.T. Chandramohan has in clear terms submitted that the customs authorities have seized the opium from the secret chamber of the jeep on 25-7-1982 around 1-00 a.m. at Poombuhar and that they apprehended both the detenus along with one Rajamanickam.