ARUN KUMAR TONDON Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition by Arun Kumar Tandon for issuance of a writ of habeas corpus and for quashing the detention order stated to have been made on 26th August, 1985, by the Administrator of the Union Territory of Delhi in exercise of the powers conferred on him by section3(1) read with section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act). The subsequent declaration made on 8th October, 1985, under Section 9(1) of the Act by the Additional Secretary to the Government of India is also sought to be quashed.

(2.) The detention order was passed with a view to preventing petitioner "from dealing in smuggled goods, viz., gold, smuggling goods, viz., lizard skins out of India and also preventing him from transporting, concealing and keeping smuggled goods viz.., gold ....". The grounds on which the detention order has been made were served on the petitioner on 13th September, 1985, while he was lodged in Central Jail, Tihar. It may be noticed that according to the counter-affidavit filed by respondent No. 2, the petitioner was detained on 10th September, 1985. in pursuance of the said detention order. In paragraphs I to 25 of these grounds, the allegations against the petitioner and his associates have been noted in detail. Briefly, the allegations were that two Chinese nationals based in Hongkong, one of whom was known to the petitioner for the last 5-6 years, during their trips to India, had illegnlly imported into India gold which was got disposed of or dealt with by the help of the petitioner or by him personally. It appears that from the proceeds of that gold, the petitioner along with his two associates illegally exported lizard skins out of India. In paragraph 26, however, the satisfaction of the Administrator has been expressed in the following terms :-

(3.) On receipt of the grounds, the petitioner herein made a representation against the detention order. A copy of that representation has been annexed as Annexure 'D' to the writ petition. In paragraph 2 of that petition it was pointed out by him that the grounds of detention which were served on him were undated. After quoting paragraph 26 of the grounds it was submitted, 'there is complete non-application of mind in passing of the said detention order, which has been passed with respect to dealing in smuggled goods, viz., gold and also smuggling of goods, viz., lizard skin out of India. There is absolutely no material to come to the conclusion that I have been smuggling goods, viz., lizard skin out of India and dealing in smuggled goods, viz., gold". In paragraph 4 of that representation it was further submitted, "that the grounds of detention are at variance with the order of detention. In the grounds of detention, there is no mention that I smuggled goods, viz., lizard skin out of India. There is thus complete non-application of mind. It seems that the detaining authority did not take into consideration the fact that there is no material to arrive at the conclusion of smuggling goods, viz., lizard skin out of India. The satisfaction arrived at in the grounds of detention does not, in any manner, suggest that the Administrator was satisfied with regard to smuggling goods, viz., lizard skin, out of India. The order of detention has been passed in a casual and cavalior manner which being not in confornity with the satisfaction arrived at in the grounds of detention, makes the detention illegal".