Home Case Index All Cases Customs Customs + HC Customs - 2017 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (4) TMI 12 - HC - CustomsSmuggling of foreign currency and gold - detention of person - baggage rules - whether the detention of detenue justified? - Held that: - the confessional statement and other independent facts including seizure and recovery of important documents and currency notes and nature and manner of activities in which the detenue Fazal was involved have deleterious effect on the national economy thereby adversely affecting the interest and the security of the State. It is these things that have been foundation for forming the subjective satisfaction for the order of detention. As held by the Apex Court in the case of PRAKASH CHANDRA MEHTA Vs. COMMISSIONER AND SECRETARY, GOVERNMENT OF KERALA & OTHERS [1985 (4) TMI 280 - SUPREME COURT], particularly in paragraphs 78 to 82 and in the wake of the overwhelming materials gathered in the course of investigation by the authorities in the form of seizure of currency notes and several other incriminating materials, the need to protect the society from social menace by detaining such persons engaged in smuggling and related activities which have adverse effect on the national economy aimed at disrupting the economy has to be kept in mind along with the all important fact that procedural safeguards have to be ensured and the power conferred on the authorities is not casually exercised so that fundamental freedom guaranteed to the citizens is not undermined - Therefore, by adopting such pragmatic and realistic approach, we have carefully considered the entire materials and are of the view that exercise of power by the authorities, in the instant case, has been strictly as per the safeguards provided. Detention upheld - petition dismissed - decided against detenue.
|