(1.) THE wife of the detenu has filed this Habeas Corpus Petition challenging the order of preventive detention passed under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), hereinafter referred to as "the Act". Such order of detention was passed on 29. 8. 2002. However, the detention was served and executed only on 30. 8. 2006, after a gap of four years.
(2.) THE grounds of detention reveal that the detenu arrived at Anna International Airport, Chennai from Singapore on 24. 6. 2002,. The detenu declared that he was in possession of goods valued at Rs. 50,000/ -. However, the baggage of the detenu was subjected to detailed examination which resulted in recovery of 20 Nos. of Siemens A36 cellphones without adopters, 55 Nos. of Samsung R20 cellphones with accessories, 5 Nos. of Siemens A36 cellphones without accessories, totally valued at Rs. 3,88,000/- (CIF ). However, the detenu did not have any valid document in support of the goods recovered. The goods were seized under mahazar. In the voluntary statement dated 24. 6. 2002, the detenu stated that he was getting Rs. 2000/- as brokerage from Burma bazaar brokers for bringing those goods and was doing such act for the past one year. In a further statement dated 25. 6. 2002, the detenu has stated that he had received 80 cellphones on loan from one person named Manickam, who was a resident of Singapore. He had further stated that he was living in No. 2/126, Middle Street, Pasipattinam and at the time of interrogation he was living in Saliappa house, Odavi stret, Pasipattinam in Ramanathapuram district. It was further indicated that the detenu had deliberately attempted to smuggle electronic goods in trade quantity by way of misdeclaration to evade customs duty and he was involved in earlier cases registered as OS. No. 867/2001 dated 6. 5. 2001 and OS. NO. 777/2002 dated 2. 6. 2002 and, therefore, he was a habitual offender. It is further recited that the detenu was arrested on 25. 6. 2002 and subsequently released on bail on 1. 7. 2002, on executing a bond for Rs. 10,000/- with two sureties and had complied with the direction to appear daily before the Customs Department upto 31. 7. 2002. The total value of the goods seized was Rs. 3,88,000/- (CIF) and Rs. 5,82,000/- (M. V ). On the basis of the aforesaid, the order of detention was passed on 29. 8. 2002. As already indicated, such detention order was executed on 30. 8. 2006.
(3.) SUCH order of detention is being challenged mainly on the following grounds: