PONISH SIVA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who has been indulging in international travel under different names with the help of different passports, was apprehended at Bombay Airport on 17th March, 1984, while he was seeing a movie in the transit lounge. He was booked as a passenger from Singapore to Dubai via Madras and Bombay by Air India Flight No. AI 415. The petitioner was accompanied on this flight by a friend responding to the name of Patrick Evgene who was also coming from Singapore and was booked to go to Paris via Madras and Bombay. One Babu Kunjappa was employed as a sweeper in the International Airport at Bombay. The customs enforcement authorities on a suspicion apprehended Babu Kunjappa and searched him. On search four kilograms of gold was found on his person. His statement was recorded which led to apprehending of the petitioner and Patrick Evgene. On a search two kilograms of gold was found from zipper bag of the petitioner and one biscuit of gold weighing 100 grams was recovered from his personal search. All the persons were arrested and their statements recorded. The petitioner was produced before a Metropolitan Magistrate on 20th March, 1984. He was remanded to judicial custody. On 7th May, 1984, the petitioner was enlarged on bail. On 24th May, 1984, an order of detention in respect of the petitioner was passed by the Government of the State of Maharashtra under S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. so as to detain him with a view to preventing him from smuggling goods. Since the petitioner was on bail an effort was made to locate him. The petitioner was arrested at Madras International Airport on 31st May, 1984,when he was coming into India from abroad. The order of detention was served on him on 2nd June, 1984, and he was detained by virtue thereof from 2nd June, 1984.

(2.) Grounds of detention also dt. 24-5-1984, were served on the detenu on 2nd June, 1984. On 14th July, 1984, a communication was addressed on behalf of the petitioner by his counsel to the Government of the State of Maharashtra asking for certain documents. On 16th July, 1984, a representation was submitted to the Advisory Board. Another representation was submitted on 20th July, 1984, to the State Government. The State Government sent a reply dt. 6-8-1984, to the application for supply of documents. The Central Government rejected the representation made by the petitioner and communicated it by its letter dt. 8-8-1984. The State Government also by its communication dt. 8-8-1984, rejected the representation of the petitioner made on 20th July, 1984. The detention of the petitioner was confirmed which fact was communicated by letter dt. 16-8-1984. Another letter dt. 23-8-1984 similar to the one written earlier, was sent to the State Government by the petitioner for supply of documents. The request was declined by communication dt. 15-9-1984.

(3.) The petitioner has moved this Court praying that the detention order dt. 24-5-1984 be quashed, his continued detention be held as illegal and he be ordered to be set at liberty.