VARADARASU RAMRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD B. Kumar, learned Senior Counsel for the petitioner and Babu Muthu Meeran, learned Additional Public Prosecutor for the respondents.

(2.) THE Order of detention under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, [in short, "the COFEPOSA Act"], is in question. Certain facts which are not in dispute may be first narrated in order to appreciate the questions involved in the present HCP.

(3.) SIMILARLY in paragraph No. xi it is noticed that the detenu had sent a representation dated 26.10.2006 to Customs Department stating that he was a foreign citizen and was ready to pay duty on gold coins. But the Customs Officers did not pay any heed and remanded the detenu to judicial custody and that detenu had brought the gold coins only for the purpose of marriage of his daughter and that he was willing to pay the necessary custom duty. In paragraphy no. 11, it was further stated as under:- "The Commissioner of Customs, Chennai in his reply dated 2.11.2006 sent to you has stated inter alia that you declared the value of goods imported by you as 50 Euros only and did not declare the gold in the Customs declaration card; that you did not declare the gold and currency even when you were questioned before the mahazar witnesses; that the eligibility to import gold becomes applicable only when the passenger declares the gold to the Customs on arrival and that you had last visited India during May, 2006 and left India by 12th June, 2006, thus you had not stayed abroad for the stipulated period of six months to be eligible to import gold under the concessional rate of duty".