SOMNATH KUNDU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the detention order dated 12th of September, 1986 passed by Shri Tarun Rai, Joint Secretary to the Govt. of India under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 (as amended) in respect of the detenu Som Nath Kundu. The order of detention has been made with a view to preventing him from engaging in transporting the smuggled goods. The detention order was passed in respect of an incident, which took place on 12th of May 1986 and in pursuance of the detention order the detenu was actually taken into custody on 29th of September 1986.

(2.) The brief facts about the incident, as alleged are that one Govinda Sarkar, a national of Bangladesh allegedly brought five pieces of foreign marked gold and handed over the same to the detenu Somnath Kundu and the detenu in his turn handed over the smuggled gold to Swapan Kundu. This gold was being transported from Bashir Hatt to Calcutta on a scooter allegedly belonging to one Manoranjan Kundu, who was accompanied by Swapan Kundu and Samir Nandy at the time the scooter was intercepted and the smuggled gold was recovered. On the basis of these facts the detaining authority came to the conclusion that the detenu Somnath Kundu ought to be detained with a view to preventing him from transporting the smuggled goods.

(3.) Mr. Trilok Kumar, while arguing the case of the detenu has urged four contentions before me. In the first place the contention is that there is no nexus between the alleged activity and the purpose of detention. Mr. Trilok Kumar has further assailed the detention order on the ground that there has been non-application of mind inasmuch as the detaining authority has failed to take into account the fact.