SULTAN BIRTHOWUS Vs. STATE GOVT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who is the detenu, has filed this habeas corpus petition seeking to quash the order of detention dated 5-11-1997 passed under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) The detailed facts are not necessary to dispose of the petition, in view of the fact that this petition has to be allowed on a short ground.

(3.) The relevant particulars which are required for the purpose of disposal of this petition are as follows : The petitioner was arrested by the customs authorities on 9-9-1997 when he was in possession of foreign currency and a voluntary confession statement was obtained from him on the same day. On 10-9-1997 he was produced before the learned Magistrate, who in turn remanded him to judicial custody. On the same day, the petitioner filed a bail application stating that he was innocent and the confession statement obtained from him by the customs authorities was not a voluntary one; but the same was obtained out of threat and coercion. However, after hearing both the parties, the learned Magistrate dismissed the application for bail on 22-9-1997.Thereafter, the petitioner filed an application for bail before the Sessions Court, wherein also, he reiterated that the alleged confession was not a voluntary one. That application was also dismissed by the Sessions Court on 22-10-1997. Thereafter, he filed an application before this Court for bail and the same was dismissed on 27-10-1997.