PREMNAZEER Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 29. 12. 2005, detaining his brother by name Mohamed Khan under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act ).

(2.) HEARD Mr. S. Palanikumar, learned counsel for the petitioner; Mr. M. Babu Muthu Meeran, learned Additional Public Prosecutor for R-1 and R-3; and Mr. P. Kumaresan, learned Additional Central Government Standing Counsel for R-2.

(3.) BRIEF and background facts which led to the detention of the detenu are as follows:-On 21/22. 12. 2005, detenu Moahmed Khan, on his arrival at Anna International Airport, Chennai, from Singapore, was intercepted by the officers attached to the DRI Department, Chennai, at Customs table No. 9 at the arrival hall of the Airport along with one hand baggage and 2 checked in baggages. The detenu declared the contents as electronic goods and the value as Rs. 1,00,000/ -. On examination, the Officers found the baggages to contain Battery, Camera and Projector and assessed the value of the goods as Rs. 7,19,550/- (CIF) and seized the same under mahazar dated 22. 12. 2005. The detenu gave a statement that he studied upto 4th Standard, that he knows only Tamil and that he brought the electronic goods given by one Nizam of Singapore with instruction to hand over the same to one Jamal, for which assignment, he would be paid a sum of Rs. 5,000/ -. Since the detenu mis-declared the value and quantity of the goods, a case was registered against him under the Customs Act. He was arrested on 22. 12. 2005 and remanded to judicial custody on the orders of the Court till 05. 01. 2006. The detenus father was intimated of the arrest and remand by way of Telegram. The detenus house was searched, however, no incriminating material was recovered. The detenu sent a retraction letter to the Sponsoring authority, for which, a reply was sent by the said authority. On 29. 12. 2005, the Detaining Authority passed the detention order and the papers were supplied to the detenu on 31. 12. 2005.