RATAN GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) On June 1,1985 Shri K. K. Dwivedi, Joint Secretary to the Government of India, specially empowered under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called 'the Act') passed three separate orders under the said Act for the detention of (1) Ratan Ghosh, (2) Lok Nath Ghosh and (3) Dalip Ghosh, all residents of Dacca, Bangladesh, with a view to preventing them from smuggling goods and engaging in transporting, concealing and keeping smuggled goods. The Central Government after obtaining the opinion of the Advisory Board confirmed the detention orders under S. 8(f) of the Act.

(2.) The said three detenus have by means of three separate writ petitions (Crl. Writ Nos. 238/85, 239/85 and 237/85) under Art. 226 of the Constitution challenged the legality and validity of the said detention orders. Since the grounds of detention are common in all the three cases we are deciding the cases together. This order shall dispose of all the three writ petitions.

(3.) The relevant facts are that on 16th April, 1985, acting on a secret information the Customs Officers of the Collectorate of Customs (Preventive), West Bengal, kept a watch at Ghojadanga, a bordering Land Customs Station on Indo-Bangladesh border 200 kilometres away from Calcutta. At about 9 a.m. Ratan Ghosh and Lok Nath Ghosh passed the Customs Station at Ghojadanga. They were caught and were taken to Calcutta where 8 gold biscuits weighing 933.050 grams were recovered from Ratan Ghosh and 6 pieces of gold biscuits weighing 699.850 grams were recovered from Lok Nath Ghosh. They were carrying the said gold biscuits inside their rectum. The value of the recovered gold was Rs. 3,50,000.00. The said two detenus could not produce any evidence, documentary or otherwise to show their legal possession and bona fide acquisition of the said gold.