NDLI: Chowdarapu Raghunandan Vs. State of Tamil Nadu and Ors.

Chowdarapu Raghunandan Vs. State of Tamil Nadu and Ors.

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Chowdarapu Raghunandan Vs. State of Tamil Nadu and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Conservation of Foreign Exchange and Prevention of Smuggling }-- Activities Act 1974-Section 3(J)(i)-
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Section 3(1)(i)-Detention-Dutiable goods recovered from detenu-Ownership of baggages, containing the goods doubtful-Investigation inconclusive-No other a/legation-Denial of bail in criminal proceedings for the offence-Detention challenged-Plea that single incident not sufficient to warrant detention order-Held, detention can be ordered even for single incident if from the nature of the incident it can be inferred that person is likely to repeat such acts so as to warrant his detention-In the instant case, inference of detenu's involvement in smuggling activities could not be drawn-Hence, detention not justified-Constitution of India, I950- Article 21-Customs Act, 1962-Sections 111(d)(i)(i) and (m), 132 and 135- k-Foreign Trade (Development and Regulation) Act, 1992. Customs authority seized baggages, containing dutiable goods, of petitioner-detenu, while he was returning from Singapore. It was alleged that the detenu made statement before the customs authority admitting that he was carrying the dutiable goods and that he had earlier visited Singapore twice as a tourist.In criminal proceedings for the alleged offences, detenu had made bail applications narrating the facts that the statements before the customs authority were made under coercion. The bail applications were rejected.Detenu made representation to customs department stating that the baggages seized, did not belong to him as there were no tags on them so as to connect him with the same, and he specifically stated that the same belonged to someone else bearing his ticket numbers and address, against whom no action could be taken, and investigation in this regard had not concluded. Thereafter detention order was passed against the petitioner-detenu under Section (3)(1)(i) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). Petitioner challenged the detention order by filing writ petition in this Court. Petitioner contended that detention order was passed without application of mind as the detaining authority did not consider the fact that it was his case throughout that he had not brought the goods; that relevant records were not placed before the detaining authority; that even if presumed that seized goods were of the detenu, the solitary act could not be a ground for detaining him under COFEPOSA; and that there was no necessity of detaining him, since criminal proceedings with regard to the alleged offence were pending and his bail applications in that case were rejected. Respondents contended that order of detaining authority was not arbitrary as the same was passed on !ts subjective satisfactions; and that in view of detenu's admission that he had previously visited Singapore twice as a tourist, it could be inferred that the petitioner might have indulged and was likely to indulge in activities of smuggling.
Judge	Hon'ble Mr. Justice M.B. Shah
Neutral Citation	2002 INSC 145
Petitioner	Chowdarapu Raghunandan
Respondent	State Of Tamil Nadu And Ors.
SCR	[2002] 2 S.C.R. 486
Judgement Date	2002-03-15
Case Number	218

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