G S SAKTHIVEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition for the issue of a writ of habeas corpus calling for the records of the respondent made in G.O.SR.1/1201-4/84 and communicated to the detenu in letter No.SR.1/1201/ 5/84 dated 9.10.1984 quashing the same and directing the respondent to set at liberty the detenu V.M.G.Srinivasa Vandayar, son of Govindaswamy Vandayar, now undergoing detention in Central Prison, Trichy.

(2.) In exercise of the powers conferred by Section 3(1)(i), (ii), (iii) and (v) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974) hereinafter referred to as the Act) by an order dated 9.10.1984, the Government directed that Thiru V.M.G.Srinivasa Vandayar, hereinafter referred to as the detenu, be detained and kept in custody in the Central Prison, Trichy, on the ground that it was necessary in order to prevent him from smuggling goods abetting the smuggling of goods engaging in transporting or concealing smuggled goods and harbouring persons engaged in smuggling goods. The grounds of detention was served on the detenu through the Superintendent, Central Prison, Trichy on 9.10.1984. In the grounds of detention, it is stated that on receipt of information that contraband goods have been smuggled by the detenu and about the likelihood of movement of those contraband goods from Katarapet area towards Madras/Bangalore in Ambassador Cars bearing Registration Nos. TMI 5693 (Parrot Green Colour), MSO 5166 (White Colour) and TNY 3011 (Sky Blue Colour), watch was. kept by Directorate of Revenue Intelligence (DRI) Officer at Bhuvanagiri at the early hours on 18.12.1983. On noticing the Ambassador Car bearing Registration No.5693, the Officer tried to stop the car but the car sped fast without heeding to the signals of the Officer. However, the Officer managed to stop the said Ambassador car at a narrow lane at Bhuvanagiri after giving a chase. Five persons were found in the car. No Contraband goods was however recovered from the said car, but found among the persons in the car one B.K.Ramachari, whose name figured in the intelligence information received earlier, was having a paper chit with the addresses of K.M.H.Batchi and Kutty Sait of Madras. Few minutes later, another Ambassador car bearing Registration No.TNY 3011 came in sight and escaped ignoring the signals of the officer to stop. Shortly thereafter, the third Ambassador Car bearing registration No.MSO 5166 also came, though it was haulted because of the check on the road due to road block, the occupants of the said car escaped. On examination of the said Car (MSO 5166) it was found to contain three gunny bags of Zip Fasteners, one paper packet of Ceylon tea and one TV antenna on the back seat of the car and three bags of Zip Fasteners in the boot of the car. Finding that they were of foreign origin and no duty had been paid on them, those goods were seized for further action under the Customs Act. The car bearing Registration No. MSO 5166 was seized on 18.12.1983 for further action. The Ambassador car bearing Registration No. TMI 5693 was also seized for further action on the ground that there was a reasonable belief that the said car had been utilised for smuggling activities and the occupants therein were also detained. The value of the articles found in the car (MSO 5166) was estimated at Rs.2,06,800.00. The officers of the Customs along with the police officers found the Ambassador car bearing Registration No.TNY 3011 abandoned at Mariammal Street, Kuriamangalam on the same day. In that car they found 11 VCRs of foreign origin. The value of those VCRs. was estimated at Rs.1,85,000.00. Thus the total value of the seizure was estimated at Rs.3,91,800.00 Statements from the occupants and the driver of the car (TMI 5693) were also recorded and further investigation was done. Again in 18.6.1984 the residence of the detenu was searched under a Search Warrant issued by the Assistant Director, D.R.I., Madras which resulted in the seizure of contraband two VCRs. two T.Vs., two obscene Video Cassettes, all valued at Rs.52,200.00. The grounds of detention further stated that based on the investigations conducted and collection of corroborative evidence and statements collected/recorded and after arriving at the conclusion that the detenu was actively involved in the above smuggling activities, at the brain behind the entire operation, he was arrested on 20.6.1984 and produced before the Additional Chief Metropolitan Magistrate, Egmore, Madras for remand, who released him on conditional bail. In the grounds of detention, it is further stated that:

(3.) On receipt of the grounds of detention, the detenu sent a letter on 29.10.1984 to the Government requesting among others, to furnish copies of following records: