J ABDUL HAKEEM Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) AGGRIEVED by the order of detention dated 23. 7. 2004 made in G. O. No. S. R. 1/853-4/2004 under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act") the petitioner has filed the above writ petition.

(2.) AS per the impugned detention order dated 23. 7. 2004, on 16. 7. 2004, the detenu arrived at Anna International Airport, Chennai from Colombo by Sri Lankan Airlines Flight UL-123, brought electronics goods and other items in trade quantity along with him and misdeclared the same with regard to the nature, quantity and value of the goods in order to smuggle the same without payment of duty. Meanwhile, he got intercepted at the Arrival Hall of Chennai Anna International Airport by the customs authority before whom he made a declaration. At the time of inspection, he was found to be in possession of four numbers of checked-in baggage and a hand baggage and declared the value of the goods as Rs. 1,00,000/ -. On examination by the officers, they found huge quantity of electronic goods valued at Rs. 19,92,200/- and seized them under a mahazar. Thereafter, on 17. 7. 2004, a search was conducted by the Customs Officers, but nothing incriminating was recovered. On the same day, the detenu gave a statement before the DRI officer. In that statement, he stated that he went to Hong Kong on 15. 7. 2004, stayed at Sushik mansion and purchased the goods with the help of one Latif working in Hong Kong who also arranged for money for the purchase of the goods and brought the same. Based on the above statement, the detenu was arrested and remanded in custody up to 30. 7. 2004. In the meanwhile, an application for bail was filed on 21. 7. 2004 before the Additional Chief Metropolitan Magistrate, EO II, Chennai. Immediately on the next day, i. e. 22. 7. 2004, the detenu lodged a retraction letter before the DRI department. From the above facts of the case, the Government of Tamil Nadu passed the impugned detention order dated 23. 7. 2004 and the same was executed on 24. 7. 2004 and grounds of detention and the booklet were served on 27. 7. 2004. The petitioner submitted his representation on 6. 8. 2004 both to the State and Central Government and thereafter a representation dated 23. 8. 2004 to the Advisory Board. The representation of the detenu was rejected by the advisory board on 8. 9. 2004 and the order of detention dated 23. 7. 2004 was confirmed on 24. 9. 2004. Hence the above challenge to the impugned detention order.

(3.) MR. B. KUMAR, learned Senior Counsel appearing for the detenu challenges the order of detention on two main grounds: