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2003 Supreme(SC) 1006

DORAISWAMY RAJU, ARIJIT PASAYAT
Union Of India – Appellant
Versus
Paul Manickam – Respondent


JUDGMENT

Arijit Pasayat, J.-An order of detention under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short the Act ) was passed on 26.4.2000 by the Secretary to Government of Tamil Nadu, Public (Law and Order) Department. As a consequence of such mittimus, Smt. Ratnamala (hereinafter referred to as the detenue ) was interned in Special Jail for Women, Vellore. In the grounds of detention it was, inter alia, stated that on 26.2.2000 she was found to be in possession of huge quantity of contraband articles. On her personal search as well as search of her baggages it was found that she was carrying gold in addition to the other articles like cellular phones etc. without any valid permission or documents for importation of goods and she was attempting to smuggle these articles by concealing them in emergency lamp and by wearing crude gold on her person and there was no declaration made. The articles were seized under the provision of Customs Act, 1962 (in short the Customs Act ) read with Foreign Trade (Development and Regulation) Act, 1992. The detenu made voluntary statements on 26.2.2000 which were recorded under Sect



































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