S. NARESH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THE Petitioner himself is the detenu. In this writ petition, he has prayed for the issue of a habeas corpus, for his production before this Court for being set at liberty after quashing the impugned order of detention dated 14 -2 -1991 passed against him by the Respondent, in exercise of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), with a view to preventing him from engaging in transporting smuggled goods.

(2.) THE facts which led to the passing of the impugned order of detention will have to be stated in brief. Acting on intelligence, on 20 -1 -1991, the officers of the Directorate of Revenue Intelligence, Madras, intercepted a motorcycle, Yamaha bearing registration number TN - -07 -4835 at Spencer Junction on Mount Road, Madras. The Petitioner was driving the motorcycle and one Suresh was the pillion rider. The Petitioner and Suresh were searched by the officers. 30 gold bars with foreign markings were recovered from the Petitioner and 52 gold bars were seized from Suresh. All the gold bars bore foreign markings. The Petitioner and Suresh did not have a permit or licence and therefore the gold bars were seized on the reasonable belief that they have been smuggled into India in contravention of the provisions of the Customs Act. The Petitioner gave a confessional statement on 20 -1 -1991 before the Senior Intelligence Officer, Directorate of Revenue Intelligence, Madras. The Petitioner's house was searched, but nothing incriminating was found. The Petitioner was arrested and produced before the concerned Magistrate. After follow up action, the impugned order was clamped.

(3.) WE have carefully considered the rival contentions of Mr. B. Kumar and Mr. T. Srinivasamoorthy. In Shalini Soni v. Union of India : AIR 1981 S.C. 431, the apex court while considering a similar issue stated as hereunder: