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2016 (5) TMI 556 - HC - CustomsSeeking direction for quashing of detention order - Indulged in repeated smuggling activities of similar nature on earlier occasions also within a short span of time and smuggled huge quantities of gold from Dubai to India - Seizure of gold bars - Petitioner contended that he would be entitled to get copy of the order of detention and the grounds of detention before he is arrested and detained so that the order of detention could be challenged at its pre-execution stage effectively and with full knowledge of the facts and circumstances - 8, 11, 18, 27, 37 Held that:- the contention of the appellant is unsustainable. In the light of the decision of the Constitution Bench in Haradhan Shah v. The State of W.B. and others [1974 (8) TMI 104 - SUPREME COURT], the contention put forward by the petitioners that whether the detenues have complied with the conditions on which bail was granted should have been considered before executing the order of detention, is without any substance. The grounds of detention mentions about the arrest of the detenues, the fact that bail applications were moved by the detenues and they were released on bail on conditions. That the detenues surrendered their passports and that they were restrained from moving out of the State was also considered by the detaining authority, as evident from the grounds of detention. The fact that the detenues complied with the conditions of bail or the orders passed in the Writ Petitions is not a matter to be considered by the detaining authority after passing the order of detention and before executing the order of detention, and that too when the detenues tried their best to avoid execution of the orders of detention. We are not inclined to accept the contentions put forward by the petitioners in this regard. When the persons involved in the smuggling activities were arrested and they were granted bail, they were bound to comply with the conditions of bail. That they complied with the conditions of bail is not a virtue on their part which is to be favourably taken note of by the detaining authority while passing the order of detention or while executing the order of detention. If they violate the conditions of bail, the consequences would follow. That the detenues complied with the conditions of bail and also the conditions imposed in the interim orders passed in the Writ Petitions, would not in any way deter the authorities from executing the order of detention. It is not necessary to revoke the order of detention on that ground before the order of detention is executed. In the present case, the orders passed in the Writ Petitions were stayed by the Supreme Court. Therefore, those orders could be ignored while executing the orders of detention. In the counter affidavits filed by the first respondent, the details of the various trips made by Rahila and Hiromasa to Dubai and from there to India for the period from 8.1.2013 to 8.11.2013 have been given. At the time when they were arrested, they were not having sufficient money to pay duty. They were not employed abroad. They did not stay abroad for the required period to enable them to bring gold to India. Rahila and Hiromasa did not produce any document to show that the gold brought by them was by lawful means. The inference possible from these circumstances is that it is likely that they are part of a smuggling racket. Of course, at this stage, the Court is not expected to arrive at any conclusive finding as to whether the detenues are guilty. But, at the same time, the Court is not entitled to shut its eyes to certain hard realities. The sharp increase in the smuggling activities in the State of Kerala is also a relevant factor to be taken note of. The propriety and legality of the subjective satisfaction arrived at by the detaining authority is to be tested taking into account these factors as well. Therefore, we do not find any ground to hold that the orders of detention against Rahila and Hiromasa are illegal or their continued detention is illegal. - Decided against the petitioner
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