N A HYDERALI Vs. UNION OF INDIA

JUDGEMENT

(1.) With a view to preventing him from abetting the smuggling of goods the Government of Kerala found it necessary to make an order directing N.A. Hyderali to be detained in exercise of the powers conferred under S.3(l)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Act). Accordingly an order dated 19th August, 1989 was issued under the signatures of Commissioner and Secretary to the Government (Home). This order of detention was served on the petitioner on 5th May, 1990, the day on which the grounds of detention and the documents relied upon were also served upon him.

(2.) By way of this petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed that the said order of deletion may be set aside and he be ordered to be released forthwith.

(3.) On 27th May, 1989 one P. Madhavan appeared at the Customs counter in the Air Cargo Complex, Trivandrum for the clearance of two pieces of baggage sent as unaccompained baggage from Abudhabi in his name. There was prior information. with the Customs Authorities about the gold biscuits having been concealed in the said baggage. The said baggage considered of two card-board cartons. There was a declaration by aforesaid Madhavan about the contents of the two baggage and according to him they did not contain gold. One of the card-board cartons on opening was found having National Colour Television which was found to be extraordinary heavy. The television set was dismantled and on taking out the picture tube two long flat gold strips on the four sides of the picture tube were found which were found to be of 24 ct. purity gold weighing 2850 gms. It was seized and statement of aforesaid Madhavan was recorded. Subsequently, a number of persons were examined including the petitioner and it was found that he was involved in the abetting of smuggling activities.