SUBAS DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition the petitioner seeks to challenge his detention under the Conservation of Foreign Exchange and Prevention of Smugrling Activities Act,1974(for short 'the Act').

(2.) .Inpursuance of an order dated 19-10-1987 issued by the Joint Secretary of the Government.of India under Section 3(1) of the Act on his satisfaction that it was necessary to detain the petitioner with a view to preventing him from engaging in transporting smuggled goods, the petitioner was detained on 3-11-1987. He was communicated the grounds on which the order of detention was made as required under Subjection (3) of Section 3 of the Act. Reference was made to the Advisory Board as constituted under Section 8 of the Act. The Advisory Board was of the opinion that there was sufficienl cause for the detention of the petitioner.

(3.) . The grounds of detention, which are in the narrative form, may briefly be set out. The officers of the Directorate of Revenue Intelligence (DRI) and the Calcutta Customs had certain information that three trucks carring contraband goods like synthetic yarn etc. smuggled from Nepal would proceed to Delhi from North Bengal area passing through Dalkhola Checkpost on 1-4-1987 and that the contraband would be concealed under commodities like ginger, broom sticks, etc. Surveillance was, therefore, kept. On the morning of 1-4-1987 three suspected trucks were found awaiting. clearance at the Dalkhola Checkpost. During the course of the watch on the trucks, the officers of the DRI and the Customs Department spotted an ambassador car bearing registration No. WZX 6261 which was believed to be following the suspected trucks. When the officers tried, to intercept the car,. it attempted to swerve for tracing back but the officers were able to intercept the car. The petitioner and one more person, namely, Ashis Nandy, were found in the car which was being driven by ManJit Singh. Inquiries revealed that the petitioner was escorting the subject trucks for safe clearance through various checkposts. One truck was found to contain contraband goods valuing over Rs. 8.30 lakhs, and second truck of the value of over Rs. 12 lakhs and the third truck contained contraband goods of the value of over Rs. 10.96 lakhs. It is not necessary to state further facts except to note that the detention orders under the Act were clamped on the petitioner. Ashis- Nandy and Manjit Singh. In the case of Manjit Singh, it is stated that the Advisory Board opined that there was no sufficient cause for his detention. Ashis Nandy could not be detained as it was stated that be was absconding. It is also not necessary to refer to the proceedings for grant of bail by the court of the Metropolitan Magistrate, Calcutta, and the adjodication and prosecution proceedings pending against the petitioner and others.