H G RAVINDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition for a writ of Habeas Corpus is moved by Ashok Kumar on behalf of his brother H. G. Ravindra, who is detained pursuant to the order of detention No. HD 60 SDF 82 dated 17 December, 1982 made by the State of Karnataka under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as the 'Act'). The order reads : ORDER WHEREAS the Government of Karnataka are satisfied with respect of the person known as Sri H. G. Ravindra @ H. G. Ravi alias Ravikumar alias H. Raju, S/o. H. Gangadharappa of Davangere, Karnataka State that with a view to preventing him from engaging in concealing and transporting smuggled goods, it is necessary to make an order directing that the said Sri H. G. Ravindra alias H. G. Ravi alias H. Raju be detained. NOW THEREFORE, in exercise of the powers conferred by Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the Government of Karnataka hereby direct that the said Sri H. G. Ravindra alias H. G. Ravi alias Ravikumar alias H. Raju be detained and kept in custody in the Central Prison, Bangalore ..........

(2.) In Annexure 'B' grounds for detention are set out. The two incidents on the basis of which the detaining authority is stated to have been satisfied as to the need for detention are these : First, that on 8-1-1982 at about 2 a.m. at Davangere Bus Stand. Central Excise authorities intercepted the detenu when he alighted from the incoming bus from Bombay and found him carrying 53 wrist watches of foreign origin valued at Rs. 17,800/-. The second incident is stated to have occurred on 9-4-1982. On that day at about 9 a.m., the Central Excise Authorities intercepted the detenu near Kasturi Hotel, Club Road, Belgaum, and in a gunny hand-bag covered with a news paper the detenu was found carrying 8 pieces of what are referred to as "Sanyo Ultra Compact Cassette Car Stereo Players" made in Japan valued at Rupees 11,200.

(3.) Upon issue of rule nisi, learned Advocate-General appeared for the Detaining Authority; produced a counter of the Secretary to Government. Home Department and caused production of the relevant records. We have heard Sri Chandrakumar, learned counsel for the petitioner and the learned Advocate-General for the State.