THIRU KRISHNASWAMY GOVINDAN Vs. SECRETARY GOVT OF TAMILNADU

JUDGEMENT

(1.) The challenge is to the order dated 12.8.2003 passed against the petitioner herein by the State Government directing preventive detention of the petitioner under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ( hereinafter referred to as the COFEPOSA Act). ORDER OF THE COURT WAS MADE BY S.R.SINGHARAVELU,J The challenge is to the order dated 12.8.2003 passed against the petitioner herein by the State Government directing preventive detention of the petitioner under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ( hereinafter referred to as the COFEPOSA Act).

(2.) On 2.8.2003, while the detenu was proceeding to board the Singapore Airlines Flight No.SQ409 after completion of immigration, customs and security formalities, at the time of interception, he was found in possession of an Indian passport NO.Z-1466128 dated 16.8.2001 issued at San Francisco, air ticket No.91422270710 and boarding pass for seat No.49B of the above said flight. He was also found in possession of a hand baggage and counter foil of a checked in baggage bearing No.SQ.398017. On persistent enquiry, he admitted that he was carrying the foreign currencies. Therefore, the Directorate of Revenue Intelligence (DRI) officials have made a search upon him and nothing incriminating was found. On examination of his hand baggage, three magazines were found and kept inside and in the said three magazines, some of the pages were found stapled on both the ends. On removing the staples, totally 23 bundles of US$ and S$ were found to be in possession, for which, there was no valid permit or licence. They were accordingly seized under the cover of mahazar upon furnishing the details of the foreign currencies. The detenu had given a statement on 3.8.2003 before the DRI officials about the circumstances under (3) which he came into possession of the foreign currencies. After proper arrest by the DRI officials on 3.8.2003, the detenu was produced before the Additional Chief Metropolitan Magistrate, EO1, Egmore Chennai, who remanded him to judicial custody till 13.8.2003.

(3.) Subsequent to the said remand, on further investigation, the DRI officials searched Room No.119 of Hotel Karpagam International at No.41, South Mada Street, Mylapore, Chennai on 3.8.2003 and recovered a plastic bundle kept concealed in the flush tank in the toilet of the above said room. It was found to contain seven bundles of US$ and Saudi Riyals. They were equivalent to Rs.35,09,140/- and were seized under a cover of mahazar. From the statement of one Purushothaman, the Manager of the said hotel, the involvement of the detenu was found. The detenu had also given a statement on 5.8.2003 after getting custody for enquiry from the said Court, which had already remanded him. Thus, after finding that the detenu had involved himself in the activities against the provisions of the COFEPOSA Act and after usual formalities, the State Government passed the order of detention.