RAMESH RAMLAL NARANG Vs. M G MUGWE

JUDGEMENT

(1.) ONE Ram Lal Narang is detained by the Commissioner of Police, Greater Bombay, under order dated 4th October, 1974, passed by him under Section 3 (1) " (c) of the Maintenance of Internal Security Act of 1971 (hereinafter referred to as 'misa') with a view to preventing him from smuggling goods and abetting other persons to smuggle goods. The said order was served on him on 5th October, 1974. Grounds for detention were served as required under Section 8 (1) of the said Act, on 11th October, 1974. The petitioner, the son of the detenu, challenges the validity of this detention order in this application dated 24th October, 1974, under Articles 226 and 227 of the Constitution.

(2.) THE grounds served on the detenu go to indicate that the detenu has been indulging in smuggling goods and abetting other persons to smuggle goods since 1964. Three instances are detailed in these grounds and it is stated therein that "in all probability you will continue smuggling goods and abetting other persons to smuggle goods". Particulars of the first incident indicate that the detenu is the partner of Messrs. India Products, New Delhi. The said firm attempted to export 16 cases to General Imports Company at Dallas, Texas, U. S. A. The declaration indicated as though these cases were of brass trays worth Rs. 27,460. However, on the examination of the cases by the Customs Officers on 29-11-1965 the cases were found to contain valuable antique stone sculptures worth Rs. 3,83,950/- F. O. R. Adjudication proceedings with regard to the same were shown to be in progress under the Customs Act.

(3.) WITH regard to the second instance, it is alleged that two antique sculptures one of Shiv Parvati (of the tenth century from Khajurao) and another standing Buddha of Gupta period were smuggled out of India from Bombay to New York by the detenu and his associates in the year 1964-65, Shiv Parvati antique sculpture, was worth Rs. 4 lacs approximately, while that of standing Buddha was found to be worth Rs. 6 lacs. On investigations, charge-sheets were filed against him and his associates in the Court of the Judicial Magistrate, First Class, New Delhi, in Court Cases Nos 111/2, 112/2 and 259/3 all of 1969.