SRINIVASAN KANAKARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS habeas corpus petition filed by the detenu Srinivasan Kanakaraj, son of Srinivasan, is with prayer to issue a writ of habeas corpus or any other appropriate writ or order of direction to call for and quash the detention order dated 7.9.1998 passed by the Government of Tamil Nadu, as per G.O.No.Sr.I/802-5/98, dated 7.9.1998, Public (SC) Department and to produce the body of the detenu, confined in Central Prison, Chennai, before the court and set him at liberty forthwith and award costs, damages and compensation.

(2.) THE case put forth as per the affidavit filed by the detenu himself is that the first respondent/ State of Tamil Nadu, represented by the Secretary to Government, Public (SC) Department, passing the G.O.No.SR.I/802-5/98, dated 7.9.1998, has detained him under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act); that he is innocent and has not violated either the Customs Act, 1962 or the laws of Imports or any other law of the land; that he got arrested under the Customs Act, 1962 on 31.7.1998 and remanded to judicial custody by Addl. C.M.M.(E.O.) II, Egmore, Chennai, the influence but also warned him against making complaints before the Magistrate; that he was shocked and became psychologically upset. He would reiterate the already retracted statements made by him and would pray to declare that his detention order is void, invalid, arbitrary, discriminatory and unconstitution and would pray to set him at liberty.

(3.) THE further contentions of the detention order are that the detenu had also sent the representation dated 3.8.1998 to the Commissioner of Customs stating that the goods were prohibited items but valued exhorbitantly and that he was compelled to write the statements under coercion and threat further giving the value of the said goods as Rs.1,75,000 for which the Customs Department in their reply dated 13.8.1998 have stated that the value adopted was based on the price list and market enquiries further pointing out that as per the provisions of Sec.77 of the Customs Act, he had not declared the real value of the goods; that as per the court's order dated 17.8.1998, the detenu was directed to be produced on 27.8.1998 when the remand period got extended upto 10.9.1998; that from all the above materials placed, the state Government stated that it is necessary to detain him under the provisions of the COFEPOSA Act. 1974 with the view to prevent him from indulging in smuggling goods in future; that while arriving at the subjective satisfaction to detain him under the said Act, the State Government have taken into consideration all the facts and materials referred to above and relied upon besides the statements, mahazars etc., that the State Government are also aware of the fact that he is a remand prisoner in the Central Prison, Chennai and his likelihood of being released on bail; that in such event, while on bail the likelihood of the detenu indulging in acts prejudicial to the public interest and there is compelling necessity to prevent him from indulging in such activities and hence his detention under Sec.3(1)(i) of the COFEPOSA Act, 1974 is to prevent him from smuggling goods in future; that the detenu had also been informed that he had a right to make representation to the Detaining Authority/State Government and also the Government of India, if he so desired, in writing against the order of detention addressing the same to the Secretary to Government of Tamil Nadu, Public (L & O) Department, Secretariat, Chennai-9 or the Secretary to Government of India, Ministry of Finance, Department of Revenue (COFEPOSA Section), Central Economic Intelligence Bureau, Janpath Bhavan, Janpath, New Delhi, as the case may be and forward the same through the Superintendent, Central Prison, Chennai, as expeditiously as possible; that he had also been informed that any representation made by him will be duly considered by the State and Central Governments and would also be placed before the State Advisory Board (COFEPOSA) for consideration of his case under Sec.8 of the COFEPOSA Act, 1974, He had also been further informed that he was entitled to be heard in person by the State Advisory Board (COFEPOSA); he had also been informed that if he is desired to make any written representation before the Advisory Board against his detention, he might sent the same to the Chairman, State Advisory Board (COFEPOSA) Act, High Court Buildings, Chennai-104 through the Superintendent, Central Prison, Chennai without prejudice to his right to make oral representation before the said Advisory Board at the time of his personal hearing by the said Advisory Board and that if he desired to have the assistance of a friend other than a Lawyer at the time of personal hearing of his case by the State Advisory Board (COFEPOSA Act), he could keep his friend ready for that purpose. THE above detention order has bene signed by the Secretary to Government, Public (SC) Department, Government of Tamil Nadu.