S RAMANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition for the issue of a writ of Habeas Corpus to produce and set at liberty one Raman detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) by an order, dated 18th July, 1985. The petitioner is the father of the said detenu.

(2.) The detenu is a foreign national, a citizen of Singapore and is a Barrister practising at Singapore. His father, the petitioner, is stated to be a retired Income-tax Officer. On the 25th of May, 1985 the detenu who is a holder of Singapore passport arrived as a passenger from Singapore by Air India flight at 10 p.m. at the Madras Airport. He arrived with one VIP green colour suit case, another black colour Echolac suit case and one brown carton with the description Akai-VS-3AV-VCR. When the Customs Officers took up the above packages for examination, the detenu declared that those packages were his own and that he had one Casset recorded and other goods, like textiles, chocolates, etc. worth 200 dollars. Thereafter, on the ground that the Echolac suit case was heavy, the Customs Officers asked the detenu to open the suit case. When he was not able to open with the key produced by the detenu, the suit case was broken open before the detenu. The suit case contained gold bars, 28 in number each one weighing one Kg. with foreign markings wrapped with adhesive tape and a brown colour packing concealed in ready-made shirts. The value of the 28 gold bars is stated as Rs.63,14,000.00. A statement is stated to have been recorded from the detenu in which it is alleged that he told the Customs Authorities that one Chandran of Singapore came to him with a suit case and asked him to hand over the same to his brother who would be at Room No.233, Hotel Taj Coromandel, Madras, that since the suit case was very heavy the detenu asked this Chandran as to what it contained and that the said Chandran told him that the suit case contained 28 gold bars. It is said that in his statement the detenu further stated that though in the first instance he was reluctant-to take it, when he was promised that he would be paid Rs.3,000.00 for his expenses at Madras, he had no other go and, therefore, accepted to carry the gold to Madras. The other part of the statement is not necessary to be referred to here.

(3.) In the follow up action in execution of a search warrant, the residential premises of one L. Sankaran who is the detenu-s younger brother-s son-in-law was searched and an Air Mail letter addressed to him was found and seized under a mahazar. A statement also was recorded from him. The Customs Officials also searched the premises of one K.R. Srinivasan who is related to the detenu. When they made enquiries at Hotel Taj Coromandel with regard to one Shanmughanathan alias K.S. Nathan to whom the detenu was to hand over the package, it was learnt that the above person, though checked in at the hotel on 23rd May, 1985 in the name of K.S. Nathan and Room No.233 was allotted, after staying in the hotel overnight, vacated the room on 24th May, 1985 at 6 a.m. On the ground that the detenu hadno licence or valid permit to import the said 28 gold bars and by importing the same concealed in readymade shirts, the detenu has committed an offence punishable under section 135 of the Customs Act and by attempting to conceal them and clearing them without declaration to Customs Authorities he was also liable for penal action under section 112 of the Customs Act, he was arrested at 12 noon on 26th May, 1985 and produced before the Additional Chief Metropolitan Magistrate, Economic Offences, Madras and the Magistrate ordered the detenu to be kept under Custom-s custody and to produce him during Court hours on 27th May, 1985. The detenu was again produced in Court as ordered and he was remanded to judicial custody on 27th May, 1985.