P SUBRAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India, for the issuance of a writ of habeas corpus quashing the order of detention passed against the detenu and setting him at liberty.

(2.) The order of detention was passed by the Government of Karnataka under S.3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to prevent the detenu from engaging in keeping and transporting smuggled goods.

(3.) The short facts which led to the detention are as follows : On 13-1-1988 at 06.45 hours, the Superintendent of Customs and Central Excise, Head quarters, Preventive II Belgaum and his staff accompanied by witnesses entered the second class Bogie No. 6738 of Bombay Bangalore Udyan Express train No. 129 which had arrived at the Gulbarga Railway station on information and reasonable belief that one passenger sitting on Seat No. 32 of the said bogie was carrying smuggled goods with him. The detenu was found actually sitting as stated above and disclosed his name and address and he was found carrying one brown colour raxine bag. He produced a second class train ticket from Dar to Bangalore City. He was taken to suits No. 4 of Hotel Pariwar, Gulbarga. A search was made and in the course of which gold weighing 933.280 grams were found and recovered from the detenu. The Panchas, who are experienced persons in gold business, had tested all the gold pellets with foreign markings under seizure with touchstone method and ascertained their purity as 24 cts. Further the petitioner has also given statements incirminating himself.