SITA RAM SOMANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition for a writ of Habeas Corpus, the petitioner, Sitaram Somani, is challenging the legality of his detention under Order (Annexure G) dated 4th June, 1985 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (here in after referred to as 'the Act').

(2.) THE petitioner is a resident of house No. 834, Churuko -ka -rasta, Chaura Rasta, Jaipur. On 1st January, 1985, the officers of the Customs Department of the Government of India searched one Shri Omprakash Soni and his scooter outside the house of the petitioner and during the course of the said search a bag was recovered and in the said bag 8 biscuits of gold of foreign origin were found which were seized. Thereafter the Customs officers made a search of the house of the petitioner on the same day and during the course of the said search 36 gold biscuits of foreign origin and 12100 U.S. dollars were recovered. The petitioner was arrested on 1st January 1985 and his statement was also recorded on that day. By order dated 17th January 1985, the petitioner was ordered to be released on bail and in pursuance of the said order the petitioner was released on bail on 19th January, 1985. On 4th June, 1985 an order (Annexure G) was passed for the detention of the petitioner under the provisions of the Act. In the said order it has been stated that with; respect to the petitioner, the State Government was satisfied that with view to prevent him from smuggling gold and to prevent him from engaging in transporting, concealing and importing smugglled gold and dealing in smuggled gold, it was necessary to pass an order. The State Government in exercise of powers conferred on it under Sub -section (1) of Section 3 of the Act, directs that the petitioner may be kept in detention in the Central Jail, Jaipur. In pursuance of the said order of detention dated 4th June, 1985, the petitioner was arrested on 10th June, 1985 and he was lodged in the Central Jail, Jaipur on 11th June, 1985 the petitioner was served with a memorandum (Annexure H) dated 4th June 1985 alongwith the ground of his detention and the documents annexed as Annexures A to G with the said grounds of detention. By letter (Annexure J) dated 18th June, 1985 addressed by Shri Herjinder Singh Advocate, on behalf of the petitioner, to the Commissioner and Administration Secretary, Home Department Jaipur a request was made for supply of the documents mentioned in paragraph 3 of the said letter. In the letter aforesaid, it was also stated that the detention of the petitioner was illegal in violation of Article 22(5) of the Constitution of India and was liable to be revoked immediately. Thereafter the petitioner submitted a representation (Annexure K) dated 22nd June 1985 to the Commissioner and Administration Secretary. Home Department, Government of Rajasthan, Jaipur, wherein the petitioner submitted that his detention was illegal and that the order of detention be revoked and the petitioner be set forth at liberty. On 9th July, 1985, the petitioner was supplied with the documents referred to in the letter dated 18th June, 1985 of Shri Herjinder Singh Advocate. By communication dated 11th July, 1985, the petitioner was informed by the Deputy Secretary to the Government of Rajasthan, Home Department that his representation dated 22nd June, 1985 has been carefully considered by the State Government and has been rejected. In the meanwhile on 24th June, 1985, the case of the petitioner had been referred by the State Government to the Advisory Board consisting of three Hon'ble Judges of this Court constituted under the provisions of Section 8 of the Act. The petitioner had also submitted representations (Annexure No. 1 and No. 2) dated 28th June, 1985 and 8th July, 1985 before the Advisory Board. The matter of the petitioner's detention was taken up by the Advisory Board on 1lth July, 1985 and the petitioner was produced before the Advisory Board on the date but the matter was adjourned to 22nd July, 1985. On that date the petitioner sub -mitted a further representation (Annexure No. 3) dated 22nd July, 1985 before the Advisory Board. On 22nd July, 1985 the matter was postpond to 29th July, 1985. On 29th July, 1985 the petitioner was produced before the Advisory Board. Thereafter the Advisory Board sent its report to the State Government wherein it expressed the opinion that there was sufficient cause for the detention of the petitioner. After considering the report of the Advisory Board, the State Government passed order (Annexure O) dated 14th August, 1985, in exercise of its powers under Section 8(f) of the Act, whereby the State Government confirmed the order of the detention of the petitioner and directed that the petitioner be kept in detention for a period of one year i.e. till 9th June, 1986. Thereupon the petitioner has filed this writ petition.

(3.) WE have heard Shri B.L. Sharma, the learned counsel for the petitioner and the learned Government Advocate for respondents Nos. 1 and 3 and Shri B.P. Gupta for respondent No. 2.