BAWA JAFAR Vs. GOVERNMENT OF TAMIL NADU REP

JUDGEMENT

(1.) Petitioner Bawa Jafar Sb Mohamed Mohideen has been detained with a view to preventing him from smuggling goods in future by exercising the power conferred by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 by the first respondent the Secretary to Government, Public (S.C) Department. He has filed this habeas corpus petition to issue a writ of habeas corpus or any other appropriate writ calling for the records relating to the detention order dated 4-12-1997 passed by the first respondent Made in G.O. No. SR 1/1200-4/97 Public (S.C) Department quashing the same and preventing the respondents to produce the body of the person of the detenu now detained in the Central Prison. Chennai before this Court and set him at liberty forthwith.

(2.) We do not deem it necessary to narrate the facts in detail, which led to passing of the impugned order of detention for this habeas corpus petition will have to be allowed on the short but vital ground of delay in considering the representations submitted on behalf of the detenu.

(3.) Mr. Habibulla Besha, learned Senior Counsel appearing on behalf of Mr. A.K.A. Thanir for the petitioner has raised two contentions, the first contention was that the alleged solitary incident will never classify a person as a hardened or habitual offender or smuggler because the detenu has not committed any unlawful acts consistently, continuously and persistently or indulged in any manner prejudicial to the conservation or augmentation of foreign exchange: We heard on this point the learned Additional Public Prosecutor. We are not impressed by the contention raised by the learned senior counsel, in view of the number of decisions rendered by the Supreme Court, wherein the Supreme Court has held on the basis of solitary incident, the order of detention could be passed. Hence, this contention which has no force will have to be rejected.