CHANDER DASS Vs. STATE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged his detention under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (For short 'the Act') The detention order is dated 4th October, 1985 and it has been passed by Shri K.K. Dwivedi, Joint Secretary to the Government of India with a view to preventing the petitioner from smuggling goods or abetting the smugging of goods.

(2.) Earlier to this detention order the petitioner was detained by a similar order passed on 3rd June, 1985 on the same facts and grounds. That detention order was, however, revoked by the Government on receiving the opinion of the Advisory Board that there was no sufficient cause for the detention. The detention order, therefore, was revoked by an order of the Central Government dated 22nd August, 1985.

(3.) The facts as disclosed in the grounds of detention are that on 24th January, 1985 the Agriculture and Fishery Department. Hongkong informed Directorate of Revenue Intelligence that six pcs of Rhino horns weighing 2.7 kg. were due to arrive at Bombay by Singapore Airlines 50-22 at 01.55 hours on 25th January, 1985. The impugned goods were hand carried by the petitioner having Indian passport. The petitioner was intending to tranship these goods to Macau via Hongkong. He had no CITES export permit and as such the consignment was suspected to be illegal and the transport of the goods had been refused.