(1.) In this petition under Art. 226 of the Constitution for issue of a Writ of Habeas Corpus, the petitioner has challenged the order No. HD 81 SCF 82, dt. 7th February 1983 made under S. 3 (1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the 'Act' for short) by the Detaininr; Authority viz., the State Government, lor the detention of the petitioner's brother Janakusa Jeevanasa Bakalo. Pursuant to the impugned order of detention, the detenu has been under detention in the Central Jail, Bangalore from 17-2-1983. The impugned order says that the detaining; authority is satisfied that the detention of the raid Jatakusa Jeevanasa Bakale has become necessary "with a view to preventing him from engaging in keeping smuggled goods.".
(2.) It may be mentioned hero that the detention was a sequal to certain proceedings of search and seizure conducted by the Income-Tax authorities at the residential premises of the detenu No. HDMC 22, Aralikatti oni, Hubli, on 30-6-1982. The said search by the Income-Tax authorities is stated to have yielded, amongst other things, (i) currency notes of the value of Rs. 20,64,500; (ii) Gold Ornaments of 2434 gammes; (iii) Silver Bullion of 7549 grammes; (iv) 59 pellets and two half pieces of gold with foreign marks and of foreign origin weighing 590 tolas and 115 grammes said to be of a value of Rs. 10,81,550|- and (v) 53 pieces of primary Gold (Tejap) of a weight of 3289 grammes said to be of a value of Rs. 5,59,130/- These valuables were said to have been secreted in the pooja room of detenu's residential premises. The Income-Tax auhori- tic appeared to have seized items (i), (ii) and (iii) and informed the Assistant Collector of Central Excise, Hubli, of the results of their search, upon which, the latter, along with his staff, went to the residence of the detenu and seized the 59 pellets and two half pieces of gold of foreign origin and the 53 pieces of primary Gold (Tejab) i.e., items (iv) and (v) referred to above. By his statement recorded by the Central Excise authorities on 1-7-1982 the detenu denied that the gold of foreign origin and the primary sold were his property and stated that The Cold belonged to a certain Parashurarnsa Ranganathasa Metrani of HuHi respecting whom a separate order of detention has been made. That order is challenged in W. P. 15 83 before this Court Later, however, it would appear the detenu purported to retract from that statement.
(3.) This search and seizure was on 30-6-1982. Thereafter on 7-2-1983 the State Government, the detaining authority, passed the impugned order of detention on its satisfaction that such detention was necessary with a view to preventing the detenu from engaging himself keeping smuggled goods. In the grounds of detention furnished to the detenu, the detaining authority, after adverting to the circumstances attending the "seizure of currency notes, Gold-ornaments, silver-bullion by the Income-Tax authorities, proceeds to refer to the aspect which in its opinion was germane to the satisfaction for the detention. Indeed the relevant portion of the grounds of detention would show that what was, apparently considered by the detaining authority as the proximate and pertinent instance relevant to the subjective satisfaction in regard to preventing the detenu and the from "keeping smuggled goods" was the secreting by the detenu and the subsequent seizure from his residence of "59 pellets and half pieces" of Gold of foreign origin and markings of a value of Rs. 10,81,500. In the grounds the detaining authority says: