MOHAMED BADHUSA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this petition, an order of detention has been challenged by a friend of the detenu. The order of detention is dated 14.11.1996, bearing G.O.SR.I/1340 -4/96, passed by respondent No. 1, in exercise of the powers conferred by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as -COFEPOSA - Act, in short).

(2.) THE facts which led to the detention, in brief, are that on 18.9.1996, the detenu was intercepted by the Air Intelligence Unit Officer on suspicion at Anna International Airport, Chennai, while he was proceeding for security check after the clearance of immigration and customs formalities. On questioning and on detailed examination of his baggage and person in the presence of witnesses, it was found that US $56,200 (562 notes of US $ 100 denomination) were kept concealed in two bundles in the two inner chest pockets of his coat and the same were recovered, as he was not in possession of any valid permit or licence issued by the Reserve Bank of India to export the foreign currency. The currency was seized under a mahazar for action under Customs Act, 1962 r/w. Foreign Exchange Regulation Act, 1973. The travel documents viz., Malaysian Airlines Ticket No. 4: 232: 4419: 955: 498: 2 and Boarding Pass were also seized under the mahazar for investigation. The Air ticket used by him for the journey from Singapore to Madras was detained vide DR. No. 105260 dated 18.9.1996 pending adjudication under Customs Law.

(3.) THE State Government, after being satisfied with the facts and materials mentioned above, considered it necessary to detain the detenu under the Act, with a view to preventing him from smuggling goods in future. The detenu was also informed of his right to make representation to the detaining authority/State Government and also the Government of India, if he so desires, in writing, against the order under which he was kept in detention. He was also notified to address the said representation to the Secretary to Government of Tamil Nadu, Public (Law and Order) Department, Fort St. George, Chennai -9, or the Secretary to Government of India, Ministry of Finance, Department of Revenue, (C of eposa Section), Central Economic Intelligence Bureau, 6th Floor, B -Wing, Janpath Bhavan, Janpath, New Delhi -1, as the case may be and forward it though the Superintendent Central Prison, Vellore, in which he is confined as expeditiouly as possible. He was also informed that he is entitled to be heard in person by the State Advisory Board and, if so desires, to make a representation before the State Advisory Board against the detention and send the same to the Chairman, State Advisory Board, High Court Buildings, Chennai, through the Superintendent, Central Prison, Vellore and such representation is without prejudice to his right to make oral representation before the State Advisory Board at the time of personal hearing by the Advisory Board and also to have the assistance of a friend other than a lawyer at the time of personal hearing by the Advisory Board.