MURUGANANDAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein challenges the order which is passed by the respondent against one P.M.Kumar alias Nondi Kumar alias Rajkumar, son of Murugandam, dated 12.11.1998 directing his detention under Sec.3(l)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called "the COFEPOSA Act").

(2.) THE brief facts, which would help understanding the controversy lie in the narrow area, are as follows: On 20th October, 1997 a boat was allegedly found near Muthupet during the patrolling by the officers of the Customs Department. THEre were some persons in the said boat (Vallam). Some persons with the Customs Department saw the boat. THE Customs Department suspected foul play and tried to approach the boat. Some persons in the boat escaped under the cover of darkness, while four persons were apprehended, they being Gnanaseelan, C.Subbiah, Savariyar Adimai and Munisamy. Under their statements, all that was found in the boat, was some engine oil cans and some medicines. It was felt that these goods amount to a total sum of Rs.1,03,256. It was felt that these persons, who were in the spot, had tried to smuggle the said medicines and engine oil to Srilanka. THEir statements were recorded from which it was revealed that the engine oil as well as medicines were lying at the house of one P.M.Kumar alias Nandi Kumar alias Rajkumar Before they were loaded in the boat and despatched to Srilanka, the Customs Department seized them on 24.10.1997. On 25.10.1997 the detenu came to be arrested and was remanded to some other date. A complaint came to be made before the Additional Chief Judicial Magistrate, Madurai on 16.12.1997 and the conviction on the basis of this complaint was on 30th April, 1988 whereby the detenu was convicted for the offence under Sec.135(l)(b)(ii) of the Customs Act and was fined to pay Rs.750. On this backdrop, on 12.11.1998 for the first time, the order of detention came to be passed with a view to preventing the detenu from carrying on the smuggling activities. Along with the order, some additional documents were also served and the booklet bore the stamp of the office of the Commissioner of Customs and Central Excise, Trichy.