SITTHI ZURAINA BEGUM Vs. UNION OF INDIA
SUPREME COURT OF INDIA
SITTHI ZURAINA BEGUM
UNION OF INDIA
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Rajendra Babu, J. -
(1.)T. Mohamed Nazeer, husband of the petitioner herein, (hereinafter referred to as the detenu) was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974) (for short the Act) by an order made on 7-5-2002. He is at present confined in Central Prison, Chennai, Tamil Nadu.
(2.)The gist of the allegations made against the detenu is that the Customs Authorities seized 200 cellphones, 4 cordless phones (base and handset), 4 cordless phones and 350 carphones totally valued at Rupees 13, 19,500/- from the baggages of the detenu after he came from Singapore and landed at Chennai Anna International Airport along with his baggages on 20-3-2002; that in the declaration filed by the detenu goods valued at Rs. 80,000/- had been disclosed, while he was bringing goods valued at Rs. 13, 19,500/- into India without payment of appropriate customs duty by misdeclaration and concealment; that he made a statement on 20-3-2002 before the DRI Officer confirming the seizure of the aforesaid goods and admitting the commission of an offence under the Customs Act. The detenu filed a bail application in March 22, 2002 before the Additional Chief Metropolitan Magistrate, Economic Offences-II, Chennai, claiming that he was innocent and had not committed the alleged offence. The learned Magistrate dismissed the said bail application on 10-4-2002.
(3.)In the meanwhile, the petitioner wrote a letter to the Finance Secretary, Ministry of Finance, complaining about the ill-treatment meted out to the detenu and the retracted statement made by the detenu before the concerned authorities. The grievance now made is that the order of preventive detention is passed against the detenu as stated earlier in spite of retraction of the earlier statement given to DRI. Now challenging the detention, this writ petition is filed :
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