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3. Petitioner is the proprietor of M/s. Blue Wave Impex, a company dealing in import and export business. It is stated that previously, he started a business in the name of M/s. Sri Krishna Trading and had made ten imports from March 1999 to 7.2.2001. In August 2000, he started another concern by name M/s. Blue Wave Impex, opened a bank account and obtained Importer Exporter Code. In the case on hand, the petitioner had placed an order for import of 336 pedestal fans from Singapore and the same arrived by the Vessel "TIGER METRO 865-N" from Singapore on 19.1.2001. On behalf of the petitioner, his Customs House Agent M/s. Lotus International Service submitted the import documents such as Invoice and Bill of Lading to the Electronic Data Inter Phase System of the Customs House and the consignment was electronically assessed on 22.1.2001. On an intelligence report that high priced electronic goods are being smuggled into India through Chennai Port in other covered consignments from Singapore in Container Number TRLU-4436638 by the Vessel "TIGER METRO 865-N" on 2.2.2001, the officers of the Directorate of Revenue Intelligence made efforts to locate the office of M/s. Blue Wave Impex which was found locked. Thereafter, the consignment was examined under the Customs Act in the presence of the said customs agent and the custodian of the imported goods namely the Chennai Port Trust officials. Thiru T.S. Kamalakannan, the customs house agent, in his statements dated 4.2.2001 and 5.2.2001, informed that M/s. Vinodh Kumar, Ravi alias Sticker Ravi and Mohd. Khuddus were the organizers of the consignment. After the seizure was effected, summons were effected to the detenu on 10.2.2001, 20.2.2001 and 12.3.2001. The detenu did not respond to the summons, but was absconding. However, the detenu appeared on 14.3.2001 before the Joint Director, D.R.I., Chennai and gave a voluntary statement admitting his role in the transaction and that of the other persons. This statement corroborated with the material facts. The petitioner alleged ill treatment by the D.R.I. officers and states that the statement was obtained from him by force. He was arrested and was produced before the Additional Chief Metropolitan Magistrate (E.O. II), Egmore on 15.3.2001, who remanded him. The petitioner did not make any complaints to the Magistrate about the alleged ill treatment in his first opportunity. As a matter of fact, the Magistrate had recorded as follows :

5. In meeting this, the learned Public Prosecutor submitted the following in reference to the specific grounds argued before us :

(a) Copies of all the materials placed before the detaining authority had been furnished to the detenu.

Translation of all the documents except those relating to customs clearance, opening of bank account, obtaining of import export code from the office of the Joint Director General of Foreign Trade, which the detenu has dealt with as such, has been furnished. There is a proper comunication of the grounds and there has not been any failure in this regard.

The petitioner had not set out the documents which have not been translated. In the counter, it is stated that Tamil translation of all the documents excepting the customs clearance, opening of bank account, obtaining of import export code from the Office of the Director General of Foreign Trade, which the detenu has dealt with as such, have been furnished. The detenu is aged 35 years and he has studied upto X Standard. He had been dealing in the business of export and import. He had applied for the allotment of Importer Exporter Code Number in his application dated 30.10.2000 for his company M/s. Blue Wave Impex. He had obtained a rental agreement for the premises bearing Door No.3, Dr. Thirumurthy Nagar, Fifth Street, Nungambakkam, Chennai-3 4 dated 30.8.2000. He had applied to the Manager, Bank of Baroda to open a current account. He had intimated about the change of premises to the Bank of Baroda. He had issued a Certificate of Proprietary Form for his company to the various offices, all written in English and signed by the detenu in English. Apart from this, invoices were raised in the name of the detenu's comp any M/s. Blue Wave Impex by the Singapore Company and these were submitted to Lotus International Service, the detenu's clearing agent stating that he had imported 336 pedestal fans. Though the invoice as well as the checklist bill of entry did not contain the signature of the detenu, these documents namely the invoice, checklist, declaration form for filing a bill of entry were and could have been processed only with the clear knowledge and understanding of the detenu. All other documents like opening of bank account, rental agreement, application for exporter importer code number etc. were all filled up in English and signed by the detenu in English. Therefore, we are unable to agree with the contention of the learned counsel for the petitioner that the petitioner was not served with the true English translation of these documents in order to make a proper representation. From these documents, it is very clear that the detenu had a good working knowledge of English even though he has studied only upto X Standard and all these transactions, namely opening of bank account, obtaining of import export code as also the documents relating to customs clearance through his clearing agent, which according to him are not translated, have originated only with the knowledge of the petitioner.