The Madras High Court Bench here on Thursday quashed an order passed by the Public Department Secretary on September 23, 2009, detaining an individual, S. Sebastian, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974, on charges of attempting to smuggle Red Sanders to Malaysia through the Tuticorin port in May 2008.
The detention order was executed only in August last year as the accused reportedly remained absconding for a long time. Allowing a habeas corpus petition filed by the detainee's father Savarimuthu, a Division Bench comprising Justice N. Paul Vasanthakumar and Justice P. Devadass held that the detention order suffered various infirmities and hence it was bad in law. Writing the judgement, Mr. Justice Vasanthakumar pointed out that the basic requirement of informing the relatives of the accused immediately after his arrest had not been complied with. Though he was arrested and detained only on August 3 last, the officials relied upon an intimation sent to his family way back in July, 2009, when the first case against him was registered.
Intimating the family members about the arrest of a person was a fundamental right guaranteed under Article 22 of the Constitution. Further, there was an unexplained delay on the part of the authorities in considering a representation made by the accused pleading innocence. Some documents were also not placed before the detaining authority before passing the detention order.
