M ASIK ALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Son of the detenu-Mohammed Ali challenges the detention order of the first respondent dated 15-2-2001, passed under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act ('COFEPOSA' in short) in this petition. The detenu-Mohammed Ali was a passenger intending to go to Kuala Lumpur by Air India flight. He was intercepted by Customs Officer. From his checked in baggage US Dollars 11700 equivalent to Rs.5,22,240/- was recovered. They have also claimed to have recovered Indian currencies of Rs.1 lakh and they were seized. A statement was recorded from the detenu to the effect that he is a licensed manpower consultant that the licence was granted by Ministry of Labour of Central Government, that he had won a contract with M/s. W.R.P. Company, Malaysia to send as many 747 workers, that he had already sent 40 workers. For the next batch, he had collected Rs.17,000/- from each to meet the expenses like visa, medical check up, initial payment to provident fund, etc., and when he was taking the currencies, he was apprehended, arrested and remanded to custody.

(2.) The detention order was passed to prevent the detenu from smuggling goods. The detenu filed a writ petition before this Court seeking an order not to detain him under COFEPOSA. The said writ petition was dismissed by this Court and ultimately, in Special Leave Petition by an order dated 13-10-2003, the Honourable Supreme Court passed an order permitting withdrawal of his S.L.P. with liberty to raise all grounds after surrender. Thereafter, on 21-10-2003, the detenu surrendered before the Additional Chief Metropolitan Magistrate, Economic Offences-I, Egmore, Chennai. He was remanded in pursuance of the order of the Supreme Court.

(3.) Heard Mr. B. Kumar, learned senior counsel for the petitioner, Mr. A. Navaneethakrishnan, learned Additional Public Prosecutor for first respondent and Mrs. Vanathi Srinivasan, Additional Central Government Standing counsel for 2nd respondent.