Habeas Corpus Petition No. 7 of 2012. Case: Shaik Rahamathullah Vs Secretary to Government of Tamil Nadu & Ors.. High Court of Madras (India)
| Case Number | Habeas Corpus Petition No. 7 of 2012 |
| Counsel | For Petitioner: Abdul Nazeer, Adv. and For Respondent: A. N. Thambi Durai Addl. Public Prosecutor, V. Parivallal SCGSC |
| Judges | K. Mohan Ram and G.M. Akbar Ali, JJ. |
| Issue | Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974 - Sections 3(1)(i), 3(1)(ii); Constitution of India - Article 226 |
| Citation | 2012 CriLJ 2415, 2012 (2) MLJ 721 (Crl) |
| Judgement Date | March 27, 2012 |
| Court | High Court of Madras (India) |
Judgment:
G.M. Akbar Ali, J.
1. The petitioner, who is the detenu herein, challenges the detention order dated 7.12.2011 passed by the first respondent against him under Sec. 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, quash the same, produce him before Court and set them at liberty. On 10.9.2011, the detenu, holder of a Singapore Passport No. E-1719683K dated 22.3.2010, arrived from Brussels by Jet Airways Flight No. 9W 225/9.9.2011 vide E-Ticket No. 5892863870213 at Chennai Anna International Airport. The detenu after having collected his baggage bearing Tag No. 0589 9W557345P and hand baggage passed through the green channel. However, he was intercepted at the Exit by the Air Customs Officers. He was questioned whether he wanted to declare anything to Customs and whether he was carrying any gold or other valuables in his baggage or in his person. The detenu replied in the negative. Not satisfied with the reply the Customs Officer examined the baggage and the hand baggage. But nothing was found.
2. On repeated questioning, the detenu admitted that he had five packets containing 175 gold coins inside his pant pockets. The detenu did not possess any valid licence but produced an invoice dated 8.9.2011 issued by the Gold and Forex International Brussels, Belgium for the purchase of the gold. As the detenu did not declare the gold to the Customs Department, which is violation under the Customs Act, the same was seized by the Customs Officer under Mahazar.
3. His confession statement was also recorded. Since the detenu attempted to pass through the green channel without paying duty and also had given statement voluntarily admitting such possession of gold and valuables imported into India without valid documents, he was arrested on 10.9.2011 and produced before the learned Additional Chief Metropolitan Magistrate, E.O.II, Chennai on the same day.
4. The learned Magistrate remanded the detenu till 23.9.2011. The relatives were informed about the arrest and detention at Central Prison, Chennai. Bail was granted on 29.9.2011 with a condition that the detenu should reside within the Chennai City limit and appear before the Customs Department Chennai daily until further orders.
5. A Notice dated 21.10.2011 was issued to show cause why the gold coins weighing 1395 grams and valued at about Rs. 37,21,860/- should not be confiscated under the provisions of the Customs Act. It was stated that by attempting to smuggle 175 gold coins by concealing and non-declaration amounted to smuggling under Sec. 239 of the Customs Act and hence liable to be confiscated.
6. Having found the detenu knowingly and consciously attempted to smuggle the said gold coins to India by way of concealment and non-declaration to the customs Department, the proceedings under Sec. 3(1) (i) of the Conservation of Foreign Exchange and Prevention of...
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