ELIZABETH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed by Ms. Elizabeth, a German National, for quashing the order of detention dated 24-10-1989 passed by respondent No. 2, Shri Mahinder Pershad, Joint Secretary to the Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA in short). The said detention order is alleged to have been passed with a view to preventing the petitioner from smuggling goods.

(2.) ALTHOUGH a number of grounds have been taken in this petition for quashing the detention order but the learned counsel for the petitioner has laid stress only on one point. His contention is that at the time of the arrest her German Passport was seized by the officers of the Directorate of Revenue Intelligence, which effectively prevented her from indulging in smuggling of goods. In this view of the matter the detaining authority could not legally arrive at his subjective satisfaction that it was necessary to detain the petitioner so as to prevent her from smuggling the goods.

(3.) ACCORDING to the learned counsel, the respondents in their affidavit have only explained the word smuggling in which the petitioner could indulge herself in spite of seizure of her passport.