LAWS(MAD)-2008-9-181

FATHIMATHU ZOHRA Vs. STATE OF TAMIL NADU

Decided On September 25, 2008
FATHIMATHU ZOHRA Appellant
V/S
STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, PUBLIC (SC) DEPARTMENT Respondents

JUDGEMENT

(1.) THE wife of the detenu Moula Mohideen Sujath Ali has filed this habeas corpus petition challenging the order of detention dated 4. 1. 2008 passed against her husband, detaining him under Section 3 (1) (i) of the Conservation Of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974 ).

(2.) THE detenu came from Singapore and landed at the Chennai International Airport on 27. 11. 2007 with one hand baggage and four checked-in baggage. He was intercepted by the Customs Offcer at the Green Channel on a reasonable suspicion that he might be carrying contraband goods. He was asked to declare the contents of the baggage. He declared the contents of the baggage as used clothes and some gift articles totally valued at Rs. 20,000/ -. Not satisfied with that, the Customs Officers decided to examine his baggage. They found some gift articles and used clothes. In his laptop bag, they recovered a swiss make, brand new ladies wrist watch of 'de-GRISOGONO' brand, which appeared to be made of white gold, embedded with very small diamond stones all over the case. On a personal search in the presence of witnesses, the Customs Officer observed that he was wearing a swiss make, brand new and expensive gents wrist watch on his left hand, which was of 'ulysse NARDIN' brand. The Officer noted the markings, model number and other particulars engraved on the above said watches and browsed the Internet and referred to two sites, viz. www. luxurybazaar. com and www. pricegrabber. com to ascertain the sale price of the watches and arrived at a total value of an equivalent of Indian Rupees 29,29,054/ -. Since the detenu had failed to declare possession of the said two watches and had attempted to go through the Green Channel, the goods were seized by the Customs Officer under a mahazar on the reasonable belief that they were smuggled into India and liable to confiscation under the provisions of the Customs Act, 1962 (hereinafter referred to as the Act ).

(3.) THE detenu gave a statement dated 28. 11. 2007 under Section 108 of the Act. He had said that he new it was an offence to attempt to go through the Green Channel without declaring the correct value of goods and requested pardon. In the further statement given before the Customs Officer, he had stated that the two watches were given to him by one A. Seng in Singapore as gifts. For attempting to smuggle the watches by way of misdeclaration, the detenu was alleged to have committed an offence punishable under Sections 132 and 135 of the Customs Act. He was arrested on 28. 11. 2007 and produced before the Additional Chief Metropolitan Magistrate, E. O. II, Egmore, Chennai on the same day and was remanded to judicial custody till 12. 12. 2007. From the above materials, the detaining authority was satisfied that the detenu had indulged in smuggling of goods and therefore, the detention order came to be passed.