PURAN SINGH Vs. SATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner assails his detention under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the 'Act'), in pursuance of the order dated March 20, 1987, Annexure P.1. The petitioner has challenged the order of detention on a wide variety of grounds.

(2.) AFTER hearing the learned counsel for the parties at some length, I am satisfied that the petition deserves to be allowed on the ground of non -application of mind. The operative part of the order reads as follows : - "Whereas the Governor of Punjab is satisfied that you Puran Singh son of Shri Inder Singh, r/o Khem Karan Distt. Amritsar, have been indulging in smuggling of goods and therefore, it is necessary to make an order directing that you Puran Singh be detained with a view to preventing you from indulging in the above -mentioned prejudicial activities in future; 2. Now, therefore, in exercise of the powers conferred by subsection (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (Parliament Act No. 52 of 1974) the Governor of Punjab is pleased to direct that you Puran Singh be detained;

(3.) YOU have a right to make representation in writing against the order, under which you are being detained. If you wish to make such representation you should address it to the State Government through the Superintendent of Jail as soon as possible". 3. The order is authenticated by Under Secretary Home, as envisaged by Article 166 of the Constitution of India. As is apparent from this order, the subjective satisfaction of the detaining authority was to the effect that with a view to preventing the petitioner from indulging in and keeping smuggled goods, it was necessary to detain him. Section 3(1) of the Act indicates that the smuggling activity has many facets as innumerated. in clauses (i) to (v) of this sub -section. Section 3 reads as under : - "3. (1) The Central Government or the State Government or any officer of the Central Government, not below the rank of a Joint Secretary to the Government, specially empowered for the purpose of this section by that Government, or any Officer of a State Government. not below the rank of a Secretary to that Government, specially empowered for the purposes of this section by that Government, may, if satisfied with respect to any person (including a foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from (i) Smuggling goods, or (ii) Abetting the smuggling of goods, or (iii) Engaging in transporting or concealing, or keeping smuggled goods, or (iv) Harbouring persons engaged in smuggling goods or in abetting the smuggling of goods, it is necessary so to do, make an order directing that such person be detained."