Mr. V. DHANAPALAN, J.

ORDER

1. The detenu himself is the petitioner herein. He has been detained under theNational Security Act, vide detention order dated 08.10.2013 on the file of the second respondent vide proceedings in C.No.03/NSA/IS/2013.

2. The case in brief, is as follows:

On the complaint of one G.Vivekanandan @ Anandan, stating that the detenu along with co-accused cheated him by giving false promise of taking him to Australia and collected huge amount of money and jewellery from him, a case was registered in Crime No.03/2013 on the file of Coimbatore City, ‘Q’ Branch Criminal Investigation Department for offences under Sections 120(B) and 420 I.P.C., Section 12(1)(a) of Passport Act, 1967 read with Section 14 of Foreigners Act, 1946. During investigation, the Inspector of Police, ‘Q’ Branch Criminal Investigation Department, Coimbatore City arrested the detenu on 9.9.2013 at 9.00 hours and recorded his confession statement. The detenu was produced before the learned Judicial Magistrate No.II, Coimbatore on 9.9.2013 and he was remanded to judicial custody. Since the investigation revealed that the detenu and his associates by contravening the provisions of Indian Passport Act, 1967 and Foreigners Act, 1948, hatched a criminal conspiracy and cheated the complainant and many others by giving false promise of taking them to Australia to earn good money and collected huge amount of money and jewellery from them, the detaining authority clamped the order of detention against the detenu.

3. In the counter filed by the 2nd respondent/Commissioner of Police, it is stated as follows:

3.1. One Thiru. G.Vivekanandan @ Anandan, S/o.Ganesan, resident of Door No.M-178, Sri Lankan Refugee Camp, Bhavani Sagar, Sathyamangalam, Erode District appeared at the Unit and preferred a written complaint stating that he is the resident of the above mentioned refugee camp from the year 2000, having identity card bearing No.812; during March 2013, one Easwaran, who is also a resident of the same refugee camp, met and told him, that he is arranging immigration of Sri Lankan refugees to Australia clandestinely with the help of Tvl. Sivashankar @ Shankar of Rameshwaram, Srijeyan @ Jegan of Chennai, Veeramani of Madurai, Sathish of Rameshwaram Mandapam Refugee Camp, Suresh of Ernakulam, Kerala and Kanna @ Balachandran, Subhakaran of Vedar Colony Refugee Camp; that the said Easwaran along with one Thiru Ramesh are facilitating the immigration of refugees living in Bhavani Sagar Refugee Camp by luring them to go to Australia and earn huge money; that the said Easwaran told the complainant that one to two lakh rupees are charged for each refugee, who wish to go to Australia in which one lakh rupee is being collected as advance and the balance to be paid once they reach Australia;

3.2. The complainant trusted their words as he was in poverty and on 10.04.2013, he was asked to come near the Central Bus Stand, Coimbatore by Tvl. Sivashankar @ Shankar and Srijeyan @ Jegan; on the same day, the complainant was brought from his camp to Coimbatore (in front of “Raja” lodge, near Central Bus Stand) by Tvl.Easwaran @ Ramesh, where the complainant paid Rs.1,35,000/- to Tvl.Sivashankar @ Shankar and Srijeyan @ Jegan; that after receiving money, they told the complainant that they will buy a boat at Ernakulam and after collecting many refugees, who are willing to go to Australia, they will arrange for a trip during the month of May; as promised, during the month of May, they informed the complainant to come to Ooty for proceeding to Australia; when the complainant went there, he saw 18 other refugees there who have come from Gummidipoondi, Trichy and Puzhal refugee camps; they stayed there for three days waiting to go to Australia; as the plan did not materialize even after three days, all were sent back to their respective homes by the organizers; the complainant and others met Tvl.Sivashankar @ Shankar, Srijeyan @ Jegan, Veeramani, Kanna @ Balachandran and Subhakaran,

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