ASHOK GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The detenu, Ashok Gupta is seeking quashing of the detention order dated the 13th October, 1988 passed by Shri K. L. Verma, a specially empowered Officer under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, the Act). This order was made with a view to preventing the detenu from smuggling goods. The grounds of detention also dated the 13th October, 1988, were served on him on 14th October, 1988 while he was in detention in Tihar Jail, New Delhi.

(2.) At the outset it may be noticed that this is the second lime that the petitioner is being detained under the provisions of the Act. The earlier order of detention passed on 8th March, 1988 with a view to preventing him from smuggling goods and engaging in keeping smuggled goods, was quashed by this court on June 10, 1988 in Cr. Writ Petition No. 180 of 1988. The case of the respondents in a nut shell is that the impugned detention order is not based only on the material which was the basis of the earlier detention but that 'further material', which has been unearthed after the first detention, has been taken into consideration and relied upon for the preseat detention. Their main argument is that the "further material' constitutes fresh grounds of detention. It is, therefore, necessary to notice the facts of the case preceding the first order of detention.

(3.) In pursuance of intelligence reports that some diplomatic consignments had been booked at Hongkong by Air France Airlines, surveillance was kept on all the consignments scheduled to arrive by that airline from Hongkong at cargo Terminal, Indira Gandhi International Airport, New Delhi. The particulars of five suspicious consignments, which had been booked by M/s Andrews & Co. 29-31, Leighton Road, Hongkong by Air France Flight No. AF-179, dated the 13th February', 1988, came to be known to the Custom authorities on 14th February, 1988. The particulars were the Airway Bill Nos, the date they were booked, the weight of the consignments and the names of the accredited diplomatics These consignments were kept under watch. It was found out after enquiries from the Air France Airlines that delivery orders in respect of those consignments had been collected on 15th February, 1988 by one Kumar Sambhav of M/s. Arena Electronics. One of the consignments containing 27 packages weighing 1168 Kgs covered under Airway Bill No. 057-1954-6995 in the name of Mr. Sameuddin, Embassy of Democratic Republic of Arghanistan, New Delhi created suspicion with regard to its real contents vis-a-vis the covering invoice and the exemption certificate issued by the Ministry of External Affairs, New Delhi. Release of that consignment was, therefore, delayed and Kumar Sambhav, who had filed the documents for the clearance of the said consignment was apprehended and interrogated.