RAM CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the brother of one Sadasiva Sail, detained in the Central Prison, Trivandrum as per Ext. P1 order dated 19/06/1984 of the State Government, issued in exercise of powers under S.3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The prayer is for the issue of a writ of habeas corpus directing the release of the detenue.

(2.) The detenue belongs to Maharashtra State. He came to the Kerala State and settled down at Trichur more than a decade ago. Following seizure of 60 gold bars of foreign origin from one Pregna Mehta on 02/05/1984, Officers of the Central Excise searched the business premises of the detenu at Trichur on 05/06/1984 and recovered 2974 gms. of gold (including 10 foreign marked gold biscuits). He was taken into custody, remanded and interrogated on two days. Statements were recorded on both occasions. The Collector of Customs & Central Excise proposed to the State Government that Sait be detained under the COFEPOSA with a view to preventing him from keeping or otherwise dealing in smuggled goods. The State Government accordingly passed Ext. P1 detention order on 19/06/1984, and the detenue was taken to the Trivandrum Central Prison on 21/06/1984. Grounds of detention drawn up in English and 49 documents containing material in support of the detention were served on him on the same day. Subsequently, on 30/06/1984, Hindi versions of the grounds and the documents were also furnished. On 14-7-1984 the petitioner made Ext. P2 representation to the Central Government complaining that the detenu knew only Marathi and that the furnishing of grounds of detention and documents in other languages was insufficient in law; but the same was rejected as per Ext. P3 dated 8/08/1984. In the meanwhile, the detenu's case had been referred to the Advisory Board on 18-7-1984. The Board met on 6/08/1984, and after giving a personal hearing to the detenue, reported that there was sufficient cause for his detention. The detention was therefore confirmed by Ext. P4 order dated 10/08/1984 for a period of one year.

(3.) On 07/08/1984 the detenu had made a representation to the State Government about his language difficulties. That was drawn up in English and endorsed in Hindi or Marathi, but that too was rejected by the State Government as per Ext. P5 communication dated 25/08/1984, reading as follows:-