The case of the appellant is that on 6.1.2004 he gave a letter retracting his so called voluntary statement made on 28.12.2003 and alleging that the same had been secured from him by applying third degree methods and by companyrcion, and that the companytraband did number belong to him but belonged to some other person, and he was merely carrying the T.V to India without knowledge of the fact that the companytraband was companycealed in the T.V. According to the appellant, the retraction was companymunicated to the companycerned authorities and the said letter was received on 7.1.2004 as is evidenced by endorsement made by the Assistant Commissioner Adjudication AIR , Customs House, Chennai 1.
Since he was suspected to be carrying companytraband in his baggage, he was intercepted and the two baggages with him were searched.
The High Court, by its impugned judgment and order, dismissed the Writ Petition preferred by the appellant challenging the order of detention dated January 9, 2004 passed under Section 3 1 i of the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1974 hereinafter referred to as COFEPOSA .
This appeal, by special leave, has been preferred against the judgment and order of the High Court of judicature at Madras dated 6th August, 2004 in Habeas Corpus Petition No.164 of 2004.
The grounds of detention are that the appellant holding an Indian passport arrived from Singapore by Indian Airlines flight on 28.12.2003.
It appears that the letter of retraction was addressed to the Superintendent of Customs Air ,Customs House,Chennai 1.
It is the case of the respondent that the appellant gave a voluntary statement admitting his guilt and, therefore, he was arrested on 29.12.2003 and remanded to judicial custody.
Since the T.V. set was found to be unusually heavy, it was dismantled and it was found that the picture tube was tampered with.
He had one checked in baggage with him namely, a JVC companyour T.V. 20.
He was intercepted by the Custom Intelligence Officers near the exit gate of the Anna International Terminal while he was going out of the hall opting for the green channel.
The picture tube was broken open and it was found to companytain cellphones stuffed in the hollow space of the picture tube, 110 in number, of Sony Erricson T610 and 15 cellphones of Samsung SGH E415.
