MUTHUMARIAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this petition, the petitioner by name Muthumariappan, challenges his detention order dated 30. 03. 2006 passed by the first respondent herein, detaining him under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974 ).

(2.) HEARD the learned senior counsel for the petitioner, learned Additional Public Prosecutor for respondents 1 and 3 and learned Additional Central Government standing counsel for second respondent.

(3.) AT the foremost, Mr. B. Kumar, learned senior counsel for the petitioner submitted that when the detenu disputed the value of the goods seized by the Customs Department, even after the order of the Additional Chief Metropolitan Magistrate, E. O. I, Chennai to refix the value within 25 days from the date of receipt of the order, the failure on the part of the officials to comply with the same vitiates the impugned order of detention. He further contended that inasmuch as the valuation is material/jurisdictional aspect, detention order passed by the detaining authority without taking note of the Circular issued by the Central Government and the directions issued by the learned Magistrate is liable to be quashed on the ground of non-application of mind.