NARESH KUMAR GOEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been filed for issuance of an appropriate writ, order or direction restraining the respondents from giving effect to the order dated 4.9.2002 (Annexure -1) whereby the petitioner has been directed to be detained by the order of the State Government in exercise of the power conferred by Section 3(1) (ii) and (iii) of the conservation of Foreign Exchange and Prevention of Smuggling Activities Act.

(2.) ACCORDING to the petitioner he is one of the partners of M/s. Prakash Transport, a partnership firm having its principal place of business at Kolkata which branch offices all over India including one at Raxaul in the State of Bihar. The business of the firm is to transport goods by road on hired public carrier trucks on payment.

(3.) ONE 10.9.2001, a letter from the Deputy Commissioner, Customs, Raxaul dated 3.9.2001 was received by the petitioner informing him about the seizure of the two idols and further observing that no one is turning from the local office at Raxaul, hence someone from head office be sent so that the inventory of goods may be prepared.