FAROOK NAGOOR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein challenges the order passed by the first respondent dated 2.12.1998 under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), (hereinafter referred to as the Act") directing the detention of one Farook Nagoor.

(2.) THE above-mentioned detenu was said to have been carrying undeclared currency totalling about Rs.15,98,500 while he was travelling from Chennai to Singapore by Flight No.SQ 409. On being intercepted, the said currency was recovered from him. Necessary Official steps were taken to prosecute him and he also gave confession accepting that he was carrying the said currency which was undeclared. On the basis of this, an order came to be passed.

(3.) MR.Arunan, learned Additional Central Government Standing Counsel very fairly made a statement on the basis of the files that the said comments were invited by the Deputy Secretary on 22.1.1999. It is obvious therefore, that the Deputy Secretary who invited the comments had no authority to consider the representation considering the order darted 22.4.19998 passed by the Hon'ble Minister for Finance, Union of India. It is obvious therefore, that the representation was not considered by any of the authorities who were armed with the power to consider the representation and it was only in a routine manner that the comments were invited by the Deputy Secretary who was not entitled to deal with the file.