ARUN KUMAR SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner himself is the detenu. In this writ petition, he seeks for his release, after quashing the impugned order of detention dated 16-9-1991, 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 acting in any manner prejuicial to the augmentation of foreign exchange.

(2.) Brief facts which led to the clamping of preventive detention, will have to be stated, for the disposal of this writ petition. The detenu and another were intercepted by the officers of Enforcement Directorate, Madras, on 9-8-1991. They were checking out from Hotel Kanchi. They carried a brief case and brown colour VIP suit case. They were searched, resulting in seizure of US dollars 43, 550/- Personal search of the detenu led to seizure of Rs. 6,600/- in Indian currency and certain documents including Hotel Bill. The confessional statement of the detenu was recorded on 9-8-1991. He was arrested on 10-8-91 and refused to be released on bail, on 30-8-91. After follow up action, the impugned order of detention was passed.

(3.) Mr. B. Kumar, learned counsel appearing on behalf of the detetnu urged a single ground to have the order of detention quashed. He contended that in his bail petition dated 30-8-1991, the detenu had retracted his confession, which is not within the awareness of the detaining authority, though he has referred to the bail petition in yet another context of the detenu being in custody or otherwise and had also chosen to supply a copy of the said bail petition to the detenu.