VIMAL VRAJLAL PAU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who is the detenu, is a British citizen and holder of British passport. He arrived in Chennai Airport on 7.6.1998 by Air India flight from Mumbai. After collecting the baggage, the petitioner proceeded through the green signal and was intercepted by the Intelligence Officer. When questioned, he replied that he had nothing to declare. THE petitioner was brought to the Air-Intelligence Unit, situate in the Arrival Hall of the International Airport of Chennai and was questioned in the presence of witnesses. THEn the baggage was examined by the customs authorities in the presence of witnesses, and this resulted in the recovery of 50 numbers of Cricsson, 628 GSM. Cellular Phones, 10 numbers of Nokia, 6110 Cellular Phones and one Motorola Tac, 550 MAH Cellular Phone along with 2 computerised invoices and Indian currencies amounting to Rs. 1,65,000. THE zipper bag when examined was found to contain certain number of Cellular phones. THE sum of Rs.1,65,000 was represented by the petitioner to be the sale proceeds of parts of the cellular phones brought by the detenu. THE detenu had also given a confession statement. THEreafter, the detenu was arrested and produced for remand before the Additional Chief Metropolitan Magistrate on 7.6.1998, who remanded him to custody till 19.6.1998. By the proceedings dated 28.7.1998 an order of detention was passed under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act.

(2.) QUESTIONING the said detention order, the petitioner has filed H.C.P.No.1672 of 1998. The above petition was admitted on 3.11.1998. Notice returnable in eight weeks was ordered on this petition. The petitioner has filed the application in H.C.M.P.No.173 of 1998, seeking his release on parole for four weeks, pending disposal of the habeas corpus petition. The said request is made mainly on the ground that the petitioner is suffering from heart ailment and thus on the ground of health condition, the petitioner has chosen to make a request for parole for four weeks.

(3.) SEC. 12(6) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act runs as follows: