R CHANDRA MOHAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner has approached this Court on behalf of his brother by name Radha Mohan Nandha Gopal, son of Radha Mohan, the detenu, questioning the detention order dated 17.12.2007 passed by the the Secretary to the Government, Public (SC) Department, in letter No.SR.I/1038-6/2007 under Section 3(1)(i) of the Conservation Of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'COFEPOSA' Act).

(2.) THE detention order came to be passed on the following grounds :- On 30.10.2007, the detenu, a holder of Indian Passport, arrived from Bangkok with two checked-in baggages, viz., one black colour Polo Classic zipper suitcase and one pink colour zipper bag without baggage tag. He was intercepted by the Officers of the Customs Department while he was passing through the Green Channel and on a reasonable suspicion that the detenu might be carrying high valued goods in commercial quantity, he was questioned by the officials of the Customs Department. THE detenu had declared that the baggage contained only personal effects valued at Rs.5,000/= and produced the Customs Declaration Card duly signed by him. Not satisfied with the declaration, the Customs Officer checked the baggage. He was also questioned about the baggage tag which was missing on the printed pink colour zipper bag, for which the detenu had replied that the baggage tag was missing at the time of collecting the same from the conveyor belt itself. On examination of the above baggage, it was found to contain 23 numbers of 'WAI WAI' instant noodle packets and underneath those packets, there were white and coloured stones as well as studded jewellery covered by polythene covers. As the stones were suspected to be precious and semi-precious in nature, they were examined by the Appraising Officer, who certified the white and coloured stones to be assorted cut and polished precious stones viz., Diamond and Ruby, semi-precious Yellow Sapphire and synthetic white stones and the studded jewellery were certified as white gold studded jewellery and the value of the goods was assessed at Rs.30,66,110/=. THErefore, the detenu had given a statement confessing his smuggling activity, which ultimately lead to the detaining authority passing the detention order.

(3.) WE have carefully considered the above rival contentions made on either side.