JUDGMENT

MISRA, J.:— Shri T. R. Seshagiri Iyer has been in the Recruiting and Travel agency business for over a decade. He has an office at New Delhi, namely "Viswak Agencies" which is mainly acting as a Recruiting agent for some of the middle east countries in procuring skilled labourers from India for employment purposes in the gulf countries on a Commission basis.

2. In connection with his business he attempted to export illegally Indian Currency to the tune of Rs. 2,88,900 which was recovered from his possession while he was bound for Abu Dhabi by Air Indian flight on 19-7-1981 and for that offence he is liable for punishment under Ss. 132 and 135 of the Customs Act, 1962. He was arrested by the Inspector of Central Excise Air Customs, Trivandrum and later on released on conditional bail.

3. The Collector of Customs and Central Excise (Central Excise Wing) Cochin, made a report dated 13th of August, 1981, to the State Government that T. R. Seshagiri Iyer had made a genuine attempt to export Indian Currency of the value of Rs. 2,88,900 without permission of the authorities and in violation of the Foreign Exchange Regulation Act, 1973 and the Customs Act, 1962. He also appended the copies of the Mahazar dated 19th of July, 1981, relating to the seizure from the detenu, admission made by the detenu on 19th July before the Superintendent of Central Excise and Customs and the arrest Mahazar, dated 19th July. From the report and other materials placed before the Government by the custom authorities, the Government was satisfied that the detenu had tried to export large amount of Indian currency in a very planned and pre-meditated manner 1166 by cleverly concealing the same in several parts of his baggage.

4. The Special Secretary (Home) Kerala, in exercise of the powers conferred upon him under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, passed an order dated 22nd of Sept., 1981, directing that Shri T. R. Seshagiri Iyer be detained as it was necessary to do so to preventing him from smuggling goods. Pursuant to the order of detention he was arrested on 28th of Sept., 1981. Immediately after his arrest he was supplied the ground on which the order of detention was made.

5. The ground supplied discloses that on 19-7-1981 T. R. Seshagiri Iyer with a passport issued at Abu Dhabi was a passenger bound for Abu Dhabi by Air India Flight No. AI 935. He presented his luggage consisting of two brief cases and one suitcase for examination and clearance by custom authorities at Custom Export Examination Hall of the International Block of Trivandrum Airport. He had already undergone immigration formalities and was bound to board the Air Craft after custom clearance. Before commencing the custom examination the Custom Officers required him to give a true and complete declaration of the contents of the baggages for which custom clearance was sought, with specific reference to silver, gold, gold ornaments and foreign and Indian Currency. He declared that the baggages contained clothes, personal files, vegetables and fruits and he categorically denied having any Indian or foreign currency inside the said baggages. But in examination the Custom Officer recovered Indian Currency to the tune of Rs. 2,88,900/- in bundles of 50 Rupees and 100 Rupees from the leather folder kept in brief-case, the plastic bag, shoes and under the vegetables in the card board carton. He had no valid documents or permits in respect of the currency attempted to be exported. As he attempted to export out of India Indian currency illegally and by concealment, violating the provisions of the Foreign Exchange Regulation Act, 1973 and the provisions of the Customs Act, 1962, the custom authorities seized the aforesaid currency under a Mahazar of further action. In his voluntary statement giving in his own handwriting before the Superintendent of the Central Excise and Customs, Trivandrum he admitted the recovery of Rs. 2,88,9