NAEEM AHMED KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the detention order dated 8th March. 198S passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) by Joint Secretary to Government of India. The detention order was passed with view to preventing the petitioner from smuggling goods

(2.) The detention order followed an incident dated 8th January. 1988 when while clearance of the outgoing passengers bound for Karachi and Dubai of Pakistan International Airlines Flight No. PK-291,the Customs Officers found a suit case which intimately according to them was found to be belonging to the petitioner. This suit case was found containing foreign currency and Indian currency collectively equivalent to worth Rs. 29.35,795.60. The petitioner failed to show any legal permission from the Reserve Bank of India and according to the respondents the petitioner was trying to smuggle out this currency from the country.

(3.) The petitioner has challenged his detention on a number of grounds. But since I am of the view that this petition will have to be allowed on the ground of the detention being punitive rather preventive, it is not necessary for me to go in to the merits of other grounds.