RAVIATH BEGUM Vs. STATE OF TAMIL NADU REP

JUDGEMENT

(1.) The petitioner is the wife of the detenu.

(2.) On 17-8-1998, the first respondent passed an order under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, detaining the husband of the petitioner Thiru, Ibrahim Yagub, with a view to preventing him from smuggling goods in future. Challenging the said order of detention, this petition is filed.

(3.) On 8-7-1998, the detenu Ibrahim Yagub arrived from Singapore at Anna International Airport, Meenambakkam, Chennai, by Flight No. SQ-410. The detenu was carrying one camera green colour zipper bag bearing tag No. SQ-145018, one plastic jumbo bag bearing preprinted tag No. SQ145022, one cardboard carton box bearing preprinted tag No. SQ-145023, one Singapore duty free shop plastic bag and a small TDe Paoki green colour zipper bag. He was intercepted by the Intelligence Officer, attached to the air Intelligence Unit Room, situated in the arrival hall. The detenu had earlier declared the value of the goods at Rs. 50,000/- at Table No. 11, and declared that the he did not carry nor as in a possession of any computer parts. On examination of the bags, one after the other, in the presence of witnesses, 50 nos. of Intel Pentium Chips, Cordless Phones, Portable Video CB players, Photo Cameras, Walkmans, Digital Diaries, Watches, Video Tapes and Audio Tapes were found. The detenu did not declare the Intel Pentium Chips. Further, there was gross mis-declaration of the value of goods. The goods were found in trade quantity. Therefore, they were seized under mahazar in the presence of witnesses. Besides the goods, the travel documents such as customs clearance Card. Singapore Airlines Ticket Boarding pass baggage Claim Tags were also seized. A statement was recorded from the detenu on 8-7-1998. As a follow-up action, the residential premises of the detenu at No. 13 Mariadoss Street, Royapuram. Chennai was searched. The detenu was arrested on 9-7-1998 and produced before the Additional Chief Metropolitan Magistrate. E. 0. II. Egmore. Chennai who remanded the petitioner to custody till 23-7-1998. On the above materials the 1st respondent felt satisfied that the detenu has been indulging in smuggling of goods and therefore with a view to preventing him from smuggling goods he felt it necessary to detain him under the Provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. The impugned order detaining the detenu thus came to be passed on 17-8-1998.