SRIKANTA HALDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to an order dated January 28, 1988 passed by Sri K.L. Verma, Joint Secretary to the Government of India in exercise of his powers under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). Srikanta Haldar, the petitioner herein, has been detained in the Presidency Jail, Calcutta since February 25, 1988. Against the said order he made a representation which was rejected by the Advisory Board and the order of detention was confirmed by the Government of India. Aggrieved thereby he has preferred this application under Article 226 of the Constitution of India seeking a writ of habeas corpus and obtained the present Rule Nisi.

(2.) The order of detention has been passed against the petitioner with a view to preventing him from engaging in dealing in smuggling goods otherwise than by engaging in transporting or concealing or keeping smuggled goods, and the facts and circumstances constituting the grounds of detention served upon him, concisely stated, are as under.

(3.) On August 3, 1987 the officers of the Border Security Force intercepted a truck bearing registration No. WGQ 1626 on Lalgola-Berhampore Road near Bhagwangola Railway Station. The driver and the cleaner of the truck fled away at the point of interception but the other two occupants of the truck, namely, Shyamal Kumar Halder and Subodh Halder were apprehended. On search of the truck ready made garments and synthetic fabrics, all of foreign origin, were recovered. In absence of any valid document and/or challans for the said goods the BSF personnel handed over the goods along with the truck and the two apprehended occupants to the Officer-in- Charge of Berhampore Customs Preventive Unit. The goods were examined by the Customs Officers and found to contain 12750 pieces of readymade garments of foreign origin with markings Taiwan, England, JapanT etc. and 627 mtrs. of synthetic fabrics with mark T1made in Japan. As Shyamal Kumar Halder and Subodh Halder could not produce any evidence, documentary or otherwise, as to the licit possession/acquisition and/ or importation of the said goods of foreign origin the Customs Officers seized the same. Thereafter they interrogated Shyamal Kumar Halder and Subodh Halder and recorded their statements. From their statements it could be gathered that the petitioner and one Chinu engaged them at a remuneration of Rs. 30/each to carry the seized goods, which belonged to the petitioner and Chinu, from their respective houses to the brick-field of one Mannan. Accordingly they took the goods to MannanTs brick field and lifted them in Truck No. WGQ 1626 under the directions of the petitioner and the said Chinu for being carried to Calcutta. It was arranged that the petitioner and Chinu would meet them on the way at Krishnanagore and from there they would go in the truck. However they were apprehended at Bhagwangola. They further stated that the petitioner and Chinu were engaged in dealing with illegal goods for the last three years and they often observed that the petitioner and Chinu used to despatch and transport the smuggled goods by truck or private car.