DHONDUP LAMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Dhondup Lama, has by way of this writ petition under Article 226 of the Constitution prayed that the order dated 25th January, 1990, for his detention may be quashed and he may be set at liberty.

(2.) On 25th January, 1990 Shri Mahendra Prashad, Joint Secretary to the Government of India, a specially empowered officer passed an order for the detention of the petitioner with a view to preventing him from engaging in transporting smuggled goods and dealing in smuggled goods otherwise than by engaging in concealing or keeping smuggled goods.

(3.) Facts leading to the passing of the impugned order are that 13 packages were found containing smuggled goods and the petitioner was one of the persons who had gone to collect the same and his statement was recorded under Section 108 of the Customs Act and it is thereafter that he was arrested on 26th November, 1989. He was produced before the Metropolitan Magistrate. Calcutta, the same day and was remanded to custody. His bail applications were dismissed by the lower court as also the High Court of Calcutta. The petitioner was still in custody when the impugned order was passed on 25th January, 1990. This order was served on the petitioner on 2nd February, 1990 when he was still in custody and the grounds of detention were also served upon him along with this order.