Immediately after his arrest he was supplied the ground on which the order of detention was made.
Immediately after the receipt of the representation, the government called for the companyments from the Collector of Customs to the Government of India at Cochin on 19th of October, 1981 and received the companyments from the Customs Department on 23rd of October, 1981.
He was arrested by the Inspector of Central Excise Air Customs, Trivandrum and later on released on companyditional bail.
Pursuant to the order of detention he was arrested on 28th of September, 1981.
He had numbervalid documents of permits in respect of the currency attempted to be exported.
In companynection with his business he attempted to export illegally Indian Currency to the tune of Rs.
The Advisory Board by their order dated 21st of November, 1981, opined that there was sufficient cause for the detention of the detenu.
He has signed the Mahazar drawn for the seizure of the Indian Currency stating that all the details mentioned in this Mahazar are true and companyrect.
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.
In support of the companytention reliance was placed on Debu Mahto v. The State of West Bengal.
Before companymencing the custom examination, the Custom Officers required him to give a true and companyplete declaration of the companytents of the baggages for which custom clearance was sought, with specific reference to silver, gold, gold ornaments and foreign and Indian Currency.
The Special Secretary Home Kerala in exercise of the powers companyferred upon him under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, passed an order dated 22nd of September, 1981, directing that Shri T.R. Seshagiri Iyer be detained as it was necessary to do so to preventing him from smuggling goods.
Thereafter the government companyfirmed the detention of the detenu and fixed the period of detention for one year with effect from 28th of October, 1981.
But in examination the Custom Officer recovered Indian Currency to the tune of Rs.
The government rejected the representation by its order dated 28th of October, 1981.
He had already undergone immigration formalities and was bound to board the Air Craft after custom clearance.
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 by cleverly companycealing the same in several parts of his baggage.
AI 935.
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.
The government had also referred the representation of the detenu to the Advisory Board by companymunication dated 28th of October, 1981.
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 Sections 132 and 135 of the Customs Act, 1962.
He presented his luggage companysisting of two brief cases and one suit case for examination and clearance by custom authorities at Custom Export Examination hall of the International Block of Trivandrum Airport.
The detenu made a representation dated 16th of October, 1981, which was received by the government on 17th of October, 1981.
He has an office at New Delhi, namely Viswak Agencies which is mainly acting as a Recruiting agent for some of the middle east companyntries in procuring skilled labourers from India for employment purposes in the gulf companyntries on a Commission basis.
He also appended the companyies of 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.
He declared that the baggages companytained clothes, personal files, vegetables and fruits and he categorically denied having any Indian or foreign currency inside the said baggages.
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 Air India Flight No.
Shri T.R. Seshagiri Iyer has been in the Recruiting and Travel agency business for over a decade.
