GURDAS SEAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Here is yet another writ petition seeking the quashing of a detention order passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act.

(2.) First, the facts. The petitioner Gurdas Seal is one of the eleven partners of M/s. S.C.Dey and B.N. Seal. He also happens tobe one of the five partners of yet another firm carrying on business under the name and style of M/s. Seal, Lata& Co. This case. however, relates to M/s. S.C.Dey and B.N.Seal which holds a licence for dealing as bullion merchants. On January 21. 1993 the officers of the Customs, Calcutta searched the shop premises of M/s.S.C. Dey and B.N.Seal and seized eight gold biscuits of foreign origin allegedly from inside a cylinder-shaped iron box kept concealed in a room which otherwise was full of rubbish. As per the Customs the said gold biscuits were seized on the reasonable belief (hat those were smuggled in India as none of the partners including the petitioner present there, could produce any document in support of their legal acquisition. possession or importation and as all of them confessed in their respective statements that the said gold biscuits had been smuggled. However, on the other hand the version of the petitioner is that the said gold biscuits had been legally purchased from one A.M. Salley and had been accounted for in (heir records and that the so-called confessional statements were not voluntary.

(3.) On April 26, 1993 the detaining authority passed the impugned order of detention of the petitioner in exercise of the powers conferred by section 3(1) of the Act considering the same to be necessary "with a view to preventing him from dealing in smuggled goods otherwise than by engaging in iransporting or concealing or keeping smuggled goods in future".