C AMALORPAVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WIFE of the detenu challenges the order of detention dated 10-12-2003 detaining her husband P. Mariaselvam under Section 3 (1) (ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974)(hereinafter referred to as "COFEPOSA" Act). The said order of detention came to be passed with a view to preventing him from abetting the smuggling of goods in future.

(2.) IT is seen that based on specific intelligent report, the officers of Directorate of Revenue Intelligence (D.R.I), Chennai while watching the passengers near the aerobridge of Flight A1.473, intercepted the detenu P. Mariaselvam, employed as Assistant Officer, Security, Air India, Chennai, and a search was conducted in the presence of independent witnesses. During the said search, he was found wearing a specially stitched khakhi cloth belt with two pouches on his waist underneath his uniform trousers. On examination by the Directorate of Revenue Intelligence, each of the two pouches of the belt were found to contain a packet wrapped with paper and covered with adhesive tape. On enquiry, the detenu informed the D.R.I. officers that in pursuance of a prior arrangement, he had removed the said packets from the dust bin under the wash basin of the front toilet of the Air India flight A1-473 and secreted the same in the said pouches. In the enquiry the detenu informed that a passenger who had travelled by the said flight from Singapore to Chennai had concealed the said packets in the said place during his journey and his job was to recover and hand over the same outside the airport to the said passenger. The said passenger's name is Murugan. The entire plan was already discussed between the said Murugan and the detenu in advance. The said two packets were found to contain in all 150 numbers of Intel Pentium 4 Computer Processors 2.4 Gzh (Tray CPU). A seizure mahazar was drawn on the spot in the presence of independent witnesses. On further enquiry, the detenu revealed that the person who arranged the transport of computer chips was one Murugan. IT is also stated in the grounds of detention that as per the instruction of the said Murugan, the detenu had successfully retrieved around 10 of such consignments concealed in the aircraft and handed over the same and received consideration for his work. Any goods brought into India contrary to the legal provisions of Customs Act, 1962, 1962 are liable to confiscation under Section 111 (d) of the Customs Act, 1962, 1962 and the persons concerned therein are liable for penal action under section 112 and punishment under section 135 of the Customs Act, 1962, 1962. The act of the detenu amounts to smuggling as per Section 2 (39) of the Customs Act, 1962. In the instant case, 150 numbers of Pentium 4 Computer Processors were brought into India by concealment in the aircraft of flight A1-473/26.11.2003 which were on prior arrangement between Murugan and the detenu. Thus, the seized Intel Pentium Processors not constituting a bona fide baggage have been brought into India in contravention of the provisions of Section 11 of the Customs Act, 1962, thereby they are liable to confiscation under Section 111(d) of the Customs Act, 1962, 1962. Hence, the detention order was passed against the detenu with a view to preventing him from abetting the smuggling of goods in future.