DILIP DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed that the detention order dated 6th of March, 1990 and the ensuing detention of the petitioner under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) be quashed and the petitioner be set at liberty forthwith.

(2.) The petitioner was detained by the impugned order made by the empowered Joint Secretary to the Government of India, with a view to preventing him from abetting the smuggling of goods. The detention order and the grounds of detention were served on the petitioner on 17th of March, 1990. It is unnecessary for the present purpose to set out all the grounds in detail.

(3.) It is alleged that on 11th of December, 1989, a special petrol party of the Border Security Force, in the course of their petrol near Bay of Bengal intercepted a trawler with seven Bangladesh nationals on board. On search inter alia, bags containing yellow powder believed to be medicinal powder were recovered and the said seven persons could produce no evidence, documentary or otherwise, as to licit importation of the said medicinal powder from Bangladesh to India. The said goods along with the seven Bangladesh nationals were handed over to customs officer of Hingalganj Customs Preventive Post who seized the said goods on the plea that they were illicitly imported into India The said seven persons were also interrogated. They were Jatin Howlader Pulak Dey, Kabir Howlader, Abdul Hakim, Farook Howlader, Mohidal Islam and Abdul Maiek. Each of them indicated the nature of his involvement in the illicit import of the said goods. Their interrogation led the customs officer to Mohd. Toofan Khan of village Dakshinerah, Distt. Midnapore. His residential premises were searched.