RENGASHAMY SASIHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein was incarcerated by virtue of an order of detention in G.O.No.SR.I/608-5/2007, Public (S.C.) Department, dated 10.8.2007 passed under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short "the Act") by the first respondent, and as a consequence of such mittimus, the petitioner (hereinafter referred to as "the detenu") was interned in the Central Prison, Chennai. THE relevant portion of the said order dated 10.8.2007 reads as under:

(2.) AT this juncture, it is apt to refer Section 3(1) of the Act:

(3.) "Abetment of a thing" is defined in Section 107 of the Indian Penal Code as under: "Section 107. Abetment of a thing.- A person abets the doing of a thing, who- First: -Instigates any person to do that thing; or Secondly:-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly: -Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1:- A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2:- Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.