USHA KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The wife of the detenu is the petitioner before us. The challenge is to the order of detention dated 28-3-2003 comprised in G.O.No.SR. I/238-4/2003 passed by the first respondent under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), herein after called 'the Act' with a view to prevent the detenu from abetting the smuggling of goods in future.

(2.) The brief facts which led to the passing of the order of detention will have to be stated for the proper disposal of this Writ Petition.

(3.) Admittedly, the detenu, namely, one Thiru K.Kumar was employed as a Manager in a concern called 'M/s.Sea Shore Logistics (P) Limited, owned by one Thiru Santana Meeran. On 13-12-2002, a container at the Madras Port was intercepted based on an information that the same was containing goods other than what has been mentioned in the Bill of Entry. The consignor of the goods was M/s.Trus Engineering and the consignment was booked to Singapore. In the Bill of Entry, the goods has been described as "Construction Conveyors Belt Parts". On 6-1-20 03, when the container was opened, it was found to have contained ' Red Sanders', which has been classified as 'Royal Trees' under the Forest Act which is a prohibited item. Subsequent investigation revealed that even the signatures of the Customs Authorities in the export documents were forged one. The Customs House Agent, namely, M/s.D.J. Modalities owned by one Thiru Subramaniam was stated to have given a statement that the documents were given by the detenu for processing. The detenu was summoned on 7-1-2003 and his statement was recorded on that date, as well as, on 8-1-2003 on which date, he was also arrested. It is relevant to state that in the statements, the detenu apart from other particulars, has specifically admitted to the effect that he was aware that the container contained 'Red Sanders', though he maintained that he was not aware of how the product was stuffed in the container. The detenu who was arrested on 8-1-2003, was remanded to judicial custody.