RAJENDRAKUMAR VERMA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Petitions under Art. 226 of the Constitution of India, praying that in the circumstances stated therein, and in the affidavits filed therewith, the High Court will be pleased to issue Writs of Habeas Corpus, Secretary to Government, Public (SC) Department, Madras, under S. 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 in respect of H.C.P. Nos. 326 and 329 of 1992 and under S. 3(1)(iii) of the said Act in respect of H.C.P. No. 328 of 1992. In respect of H.C.P. No. 326 and 329 of 1992, the clamping of detention order was with a view to prevent the detenus from abetting the smuggling of goods and in respect of H.C.P. No. 328 of 1992, the clamping of detention order was with a view to prevent the detenu from engaging in transporting, concealing and keeping smuggled goods. The goods involved are gold biscuits with foreign markings.

(2.) As the three detenus were said to be connected with the seized gold and in view of certain common factors, learned counsel on both sides advanced common arguments and, therefore, we are disposing of these cases by this common order.

(3.) In the view we propose to take on the question of law, we do not consider that we should set out in detail the facts leading to the filing of these cases. However, we give briefly the facts.