M JASWANTRAJ Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) One Chainraj, son of Haretful Nandalal, by an order dt. 3-1-1984, under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act), was directed to be detained and kept in custody in the Central Prison, Madras, on the ground that it was necessary with a view to prevent him from engaging in transporting smuggled goods. Since the detenu was absconding he could not be detained immediately and he was arrested and detained only on 23-8-1984. The detenu was furnished with the grounds of detention on 29-8-1984. The detenu made his representations against the order of detention on 25-9-1984, and that was rejected by the Government on 12-10-1984. He again made another representation dt. 9-10-1984, and that was also rejected on 24-10-1984.

(2.) The detenu's case was referred to the Advisory Board on 5-9-1984. The Advisory Board held the first meeting on 27-9-1984 and again on 1-2-1985, and sent its report on 5-2-1985. The second respondent had confirmed the detention order on 12-2-1985. In the meanwhile, Conservation of Foreign Exchange and Prevention of Smuggling Activities Amendment Ordinance, 1984 was promulgated on 13-7-1984 and later the Ordinance was replaced by an Act and the Act came into force with effect from 13-7-1984. This amending Act substituted a new S. 9 in the place of the original S. 9.

(3.) On 20-9-1984, the competent authority, who is the Additional Secretary to the Government of India, on being satisfied that the detenu is likely to engage in transporting smuggled goods in Madras, which is an area highly vulnerable to smuggling, has made the declaration under S. 9(1) of the Act, as substituted by Act 58 of 1984.