NAZIA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) AGGRIEVED by the orders of detention passed in the case of N. Santhanameeran and S. Sahul Hameed under Section 3 (1) (i) of Conservation of Foreign Exchange and Smuggling Activities Act, 1974, detaining them in Central Prison, Chennai, the above petitions have been filed respectively by one Mrs. Nazia, niece of Santhanameeran and S. Sahul Hameed, the detenu himself.

(2.) IT is seen from the grounds of detention that in pursuance of Intelligence Report that red sanders, a prohibited item for export were being attempted to be exported by M/s. Suriya Coir Products, Products, Pollachi and the same were being brought to Tutitcorin Port in Container No. CRXU-013525-8 loaded in Trailor No. AP-16-W-0084, under Shipping Bill No. 1290088 dated 28. 04. 2004, the Officers of the Directorate of Revenue Intelligence (DRI) intercepted the above container at Tuticorin Port. After seizure of the contraband and based on the statements of various persons connected there with, both Santhanameeran and Sahul Hameed were located at the reception area of Hotel Vijay Park, Arumbakkam, Chennai 106, on 11. 05. 2004 and enquired by the DRI Officers. After perusing the materials, and obtaining statements from various persons, including the above mentioned two persons, both of them were arrested on 11. 05. 2004 and produced before ACMM, EO-II, Chennai on 12. 05. 2004. Considering all the relevant materials, the Government, after satisfying themselves with regard to the nexus of the detenus with the smuggling of the goods, passed an orders of detention on 25. 04. 2004, detaining them under Section 3 (1) (i) under COFEPOSA Act and kept under custody in Central Prison, Chennai.

(3.) HEARD, Mr. I. Subramanian, learned senior counsel for the petitioner in HCP. No. 914 of 2004, K. A. Jabbar for the petitioner in HCP. No. 943 of 2004 and Mr. V. Arul, learned Government Advocate (Crl. side) for the first respondent in both the petitions and for third respondent in HCP. No. 943 of 2004 as well as Mrs. Vanathi Srinivasan for second respondent in both the petitions.