U UPASENA AMARASURIYA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) U. Upasena Amarasuriya, a national of Singapore challenges the detention order dated 29-9-2003, passed by the first respondent. The said order came to be passed by the 1st respondent in exercise of the powers conferred by Section 3 (1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central act 52 of 1974) ("COFEPOSA" in short) with a view to prevent him from smuggling goods in future. Pursuant to the order of detention, the petitioner was kept in custody in the Central Prison, Chennai. (Order of the Court was made by P. Sathasivam, J.,) U. Upasena Amarasuriya, a national of Singapore challenges the detention order dated 29-9-2003, passed by the first respondent. The said order came to be passed by the 1st respondent in exercise of the powers conferred by Section 3 (1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central act 52 of 1974) ("COFEPOSA" in short) with a view to prevent him from smuggling goods in future. Pursuant to the order of detention, the petitioner was kept in custody in the Central Prison, Chennai.

(2.) On 21-9-2003, the officers of Directorate of Revenue Intelligence (DRI), Chennai at Chennai International Airport intercepted the petitioner at the aero bridge for the passengers to board the flight while he was to board the Indian Airlines Flight IC 555 of 21-9-2003 after completing the Emigration, Customs and Security formalities. At the time of interception, he was in possession of Singapore Passport issued at Singapore and were in possession of Diamonds and foreign currencies concealed in his body and some foreign currencies in his person. Based on voluntary confession, the foreign currency notes equivalent to Indian Rs.9,44,620/- and Diamond and Emerald stones of Rs.19,63,516/- were seized on the day of seizure. The total value of the seized goods is Rs.29,08,136/-. While arriving at the subjective satisfaction to detain him under COFEPOSA, the State Government has taken into consideration all the facts and materials referred to and relied upon and also the statements, mahazars, etc., accompanying thereto and passed the impugned detention order.

(3.) Heard Mr. Habibullah Basha, learned senior counsel for the petitioner; Mr. A. Navaneethakrishnan, learned Additional Public Prosecutor, for Respondents 1 and 3; and Mrs. Vanathi Srinivasan, Additional Central Government Standing counsel for 2nd respondent.