J THANGAVELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE challenge in this action as to the detention of the detenu R.U. Nathan under Sec.3(l) (i) of the Conservation of Foreign Exphange and Prevention of Smuggling Activities Act, 1974 (as amended - Central Act 52 of 1974 for short COFEPOSA Act") is thrown by one J. Thangavelu (petitioner), his cousin.

(2.) THE State of Tamil Nadu represented by the Secretary to Government, Public (S.C.) (Department, Fort St.George, Madras-9 (First respondent) clamped upon the detenu, the impugned order of detention, in his proceedings G.O.No.Sr.I/18/2/96, Public (S.C.) Department dated 22.6.96 with a view to preventing him from smuggling goods in future.

(3.) ON 29.5.1996, the detenu, a holder of the Singapore passport No. 0226892-B landed at Madras Airport. He was stated to have filed a "Nil" declaration of dutiable goods and walked through the Customs Green Channel. However, suspicion arose in the mind of the authorities. Consequently, the Customs personnel prevented him from walking through the Customs Green Channel. Before his person was searched, he was questioned as to whether he was carrying any gold/electronic goods, either in his baggage or in his person, for which he replied in the negative. He appeared to have stated that he was having other goods valued at Rs.300. His person was then searched by the said customs personnel in the presence of witnesses, which resulted in the recovery of three yellow colour metal chains tied around his waist underneath the pant worn by him and four number of yellow metal strips around each of his ankles, totally, numbering eight strips from both the ankles and concealed inside the socks worn by him. The total weight of the yellow metal chains and yellow metal strips is 3661 grams of 24 carat valued at Rs.19,24,954. Those gold chains and yellow metal strips were seized in the presence of witnesses under a mahazar.