JULAIGA BEGUM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These two habeas corpus petitions are disposed of together by a common order, since the argument advanced is identical. Further, both the petitioners, who are the detenus themselves, are allegedly involved in the same ground crime. Mrs. Julaiga Begum, petitioner in H.C.P. No. 1118 of 1995, is the mother of Saira Banu, petitioner in H.C.P. No. 1119 of 1995. By two different orders of detention dated 30.6.1995, passed by the first respondent, it exercise of the powers conferred by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (Central Act 52 of 1974), these two petitioners have been preventively detained with a view to preventing them from smuggling goods in future.

(2.) Brief facts which led to the passing of the impugned orders may have to be stated: On 27.5.1995, these two petitioners, holders of Singapore Passports were bound for Singapore by flight No. SQ 409, from Madras International Airport. After immigration and customs clearance, while they were about to proceed to security check, near the escalator, on suspicion that they might be carrying Indian/Foreign currencies, either on their person or in their baggages, these petitioners were questioned in the presence of witnesses as to whether they were carrying any Indian/foreign currencies either in their baggages or persons. The reply was in the negative. Two black colour zipper hand baggages carried by the petitioner in H.C.P. No. 1118 of 1995, contained food stuffs and fruits. Examination of one black colour leather ladies hand bag carried by the petitioner in H.C.P. No. 1119 of 1995, was found to contain 19,800 US Dollars and one small dark/brown colour zipper bag, found kept inside that black colour leather ladies hand bag, was opened and it was found to contain 5100 US Dollars and 650 Singapore Dollars. Nothing incriminating was found on search of the persons of these two petitioners. Since foreign currency was not declared by either of them, and further, since they did not have valid documents to indicate legal possession of the said currency, the entire currencies stood seized for taking action under the Customs Act. Statements were recorded form the petitioners.

(3.) Petitioner in H.C.P. No. 1119 of 1995, immediately after seizure, stated that she had come down to Madras along with her father, the mother (the other detenu) and here younger sister. Each one of, them carried 5 kgs. of gold and cleared them after paying customs duty in foreign currency, on 11.5.1995. Her father had given to her US Dollars and Singapore Dollars that were recovered at the Airport. She further stated that her father had told her that she need not have to declare foreign currency to the Customs as they did not have Reserve Bank of India permit for taking them out of India. She also stated that she was aware that it was an offence to carry foreign currencies without declaring to customs and without obtaining permission from the Reserve Bank of India.