R GEETHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a writ petition by the wife of the detenu under Article 226 of the Constitution for the issuance of a Writ of Habeas Corpus quashing the order of detention passed against him and setting him at liberty.

(2.) The order of detention was passed on 3-8-88 by the State Government under Section 3(1)(iv) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974) with a view to preventing the detenu from dealing in smuggled goods.

(3.) The detenu is an Indian national, who is having a jewellery shop in Coimbatore. On inspection, the Officer concerned found gold bars having foreign markings Union Bank of Switzerland, 10 Tolas, 999.0 and one gold bar was cut in one comer. All the three gold bars weighed to 349.750 gms. and was valued at Rs. 1,08,740. The detenu was not in a position to justify the possession of this primary gold.