LAWS(DLH)-1987-7-19

B S PUJJI Vs. UNION OF INDIA

Decided On July 28, 1987
B.S.PUJJI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) (ORAL)In pursuance of a detention order dated 30th March 1987, the petitioner was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended). The detention order was passed with a view to preventing the petitioner from abetting the smuggling of goods. It was passed by Shri Tarun Roy, Joint Secretary to the Government of India.

(2.) Briefly stating the facts are that on 22nd February 1987, one Sanjeev Mody, holder of India Passport No. W-966202 issued at Delhi on 6th February 1985, was called back by the Customs Officer from the aircraft. He was going to Dubai on British Airways flight No. BA-146. On checking of his baggage, Rs. 21,40,000.00 (Indian currency) were recovered from one of his suit-cases. The money was seized under section 10 of the Customs Act on the plea that this currency was being exported out of India in violation of the provisions of the Customs Act and Foreign Exchange Regulation Act, Sanjeev Mody is supposed to have given a detailed statement before the concerned authorities wherein the present petitioner was nominated as the person who was to deliver this baggage containing the aforesaid Indian currency to him in the aircraft. He had further stated that the petitioner had told him that he would meet him in the aircraft. Sanjeev Mody has given further detailes about the smuggling of the Indian currency and the manner of its use. I need not give the entire details which are contained in the grounds of detention. In the ultimate analysis the detaining authority on the basis of the material placed before it was satisfied that the petitioner was involved in abetting the smuggling of goods. On the basis of this subjective satisfaction of the detaining authority a detention order was passed.

(3.) The petitioner along with Sanjeev Mody was arrested on 22nd February 1987. They were produced, before the Magistrate on 23rd February 1987, and their bail application was rejected on the same day. Subsequently, on 24th February, 1987, both of them were released on bail. In pursuance of this detention order dated 30th March 1987, the detenu came to be arrested-on 3rd April, 1987 when he was also delivered the grounds of detention. On 13th April, 1987 the detenu made a detailed representation against his detention to the detaining authority regarding which he received an intimation On 12th May, 1987 that his representation has been considered and rejected. Meanwhile, on 16th April, 1987 the detenu was informed that his case will be forwarded to the Advisory Board. Consequently, the detenu was produced before the Advisory Board on 30th April, 1987 where he moved another representation for consideration of the Advisory Board. The present writ petition was filed on 6th May, 1987.