M.CHOCKALINGAM, J. - (1.)The petitioner herein challenges the impugned order of detention passed by the first respondent in G.O. No. S.R.1/676-6/2008 dated 6.11.2008 whereby one Naina Mohamed, S/o Haja Alawdeen was ordered to be detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
(2.)Affidavit filed in support of the petition along with the grounds of attack and the entire materials placed are scrutinized. Heard the learned counsel on either side.
(3.)The said order of the detention came to be made under the following circumstances: The petitioner's husband one Naina Mohamed, on specific information that he was indulged in attempting to smuggle electronic goods, was intercepted on his arrival at Anna International Airport, Chennai on 9.10.2008. He produced Indian Passport No. Z-1232706, and also flight ticket bearing No. SQ/ETKT 618 2537084325 boarding card for seat number 44H, counterfoil for baggage tags and customs declaration form. When he was questioned about the baggage tags, he informed that they were lost, but he was found carrying a hand baggage, and the same was also checked. Thereafter, entertaining suspicion, he was asked to identify the checked in baggage which he identified that they were three in number and accordingly they were searched in the presence of two witnesses and found to contain electronic goods, watches and computer parts as detailed in the mahazar and they were valued at Rs. 10,88,897/-. The said goods were seized under the mahazar. The statement given by him was recorded. It was found that the smuggling activities were punishable under the provisions of Customs Act and also the goods were to be confiscated. After arrest, he was produced before the Additional Chief Metropolitan Magistrate, Economic Wing-I for the purpose of judicial remand and accordingly, he was remanded. Originally, he made an application for bail on 10.10.2008 before the Additional Chief Metropolitan Magistrate, Economic Offences-I, Egmore, Chennai and the same was dismissed on 22.10.2008. Another application for bail was filed on 24.10.2008 before the Principal Sessions Division, Chennai and the same was pending. Recommendations were made by the Sponsoring Authority that it was a fit case where the provisions of COFEPOSA Act were to be invoked for making the order of detention. On scrutiny of the materials, the State was also satisfied that the detenu was indulged in smuggling activities and in order to prevent him from such activities in future, an order of detention became necessary and accordingly made the order on 6.11.2008, which is challenged in this habeas corpus petition.