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2005 Supreme(SC) 1086

P.P.NAOLEKAR, K.G.BALAKRISHNAN
J. Abdul Hakeem – Appellant
Versus
State Of T. N. – Respondent


Judgment

P.P. Naolekar, J.—Leave granted.

2. This appeal is preferred by the detenu, appellant challenging the order of the High Court dated 10th December 2004 whereby the High Court has confirmed the order of detention dated 23rd July 2004 made under the provision of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as “the COFEPOSA Act”). As per the impugned deten­tion order the officers of the Directorate of Revenue Intel­ligence, Chennai received an intelligence on 16.7.2004 to the effect that detenu was arriving at Anna International Airport, Chennai from Colombo by Sri Lankan Airlines Flight UL-123 bring­ing electronic goods and other items in trade quantity in order to smuggle the same without payment of appropriate customs duty. In pursuance of the intelligence received, the appellant was intercepted by the customs authorities on his arrival on 16.7.2004. A personal search was conducted by the customs offi­cials but nothing was found. However, from his personal baggage and hand baggage, custom officials found huge quantity of elec­tronic goods valued at Rs. 19,92,200/-. The said goods were se­ized. Appellant was a












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