TMI Blog1982 (3) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... dex of his future conduct. When the legislature has made only the subjective satisfaction of the authority making the order of detention; it is not for the court to question whether the grounds given in the order are sufficient or not for the subjective satisfaction of the authority. Appeal dismissed. - W.P.(CRL.) 8926 OF 1981 - - - Dated:- 26-3-1982 - REDDY, O. CHINNAPPA AND MISRA, R.B., JJ. JUDGMENT 1. Shri T.R. Seshagiri Iyer has been in the Recruiting and Travel agency business for over a decade. He has an office at New Delhi, namely Viswak Agencies which is mainly acting as a Recruiting agent for some of the middle east countries in procuring skilled labourers from India for employment purposes in the gulf countries o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, passed an order dated 22nd of September, 1981, directing that Shri T.R. Seshagiri Iyer be detained as it was necessary to do so to preventing him from smuggling goods. Pursuant to the order of detention he was arrested on 28th of September, 1981. Immediately after his arrest he was supplied the ground on which the order of detention was made. 5. The ground supplied discloses that on 19-7-1981 T.R. Seshagiri Iyer with a passport issued at Abu Dhabi was a passenger bound for Abu Dhabi Air India Flight No. AI 935. He presented his luggage consisting of two brief cases and one suit case for examination and clearance by custom authorities at Custom Export E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India. He has signed the Mahazar drawn for the seizure of the Indian Currency stating that all the details mentioned in this Mahazar are true and correct. He also admitted that he did not have any valid document or permit for export of Indian Currency. 6. The detenu made a representation dated 16th of October, 1981, which was received by the government on 17th of October, 1981. Immediately after the receipt of the representation, the government called for the comments from the Collector of Customs to the Government of India at Cochin on 19th of October, 1981 and received the comments from the Customs Department on 23rd of October, 1981. The government rejected the representation by its order dated 28th of October, 1981. The government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake it clear that it is not our view that in no case can a single solitary act attributed to a person form the basis for reaching a satisfaction that he might repeat such acts in future and in order to prevent him from doing so, it is necessary to detain him. The nature of the act and the attendant circumstances may in a given case be such as to reasonably justify an inference that the person concerned, if not detained, would be likely to indulge in commission of such acts in future. The order of detention is essentially a precautionary measure and it is based on a reasonable prognosis of the future behaviour of a person based on his past conduct judged in the light of the surrounding circumstances. Such past conduct may consist of one sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f it is satisfied that the offender has a tendency to go on violating such laws, then there will be no bar for the State to detain him under a Preventive Detention Act in order to disable him to repeat such offences. What is required is that the detaining authority is to satisfy the Court that it had in mind the question whether prosecution of the offender was possible and sufficient in the circumstances of the case. In some cases of prosecution it may not be possible to bring home the culprit to book as in case of a professional bully, a murderer or a dacoit, as witnesses do not come forward to de-pose against him out of fear, or in case of international smuggling it may not be possible to collect all necessary evidence without unreasonabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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