TMI Blog1982 (3) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... hich was recovered from his possession while he was bound for Abu Dhabi by Air Indian Flight on 19-7-1981 and for that offence he is liable for punishment under Sections 132 and 135 of the Customs Act, 1962. He was arrested by the Inspector of Central Excise Air Customs, Trivandrum and later on released on conditional bail. 3. The Collector of Customs and Central Excise (Central Excise Wing) Cochin, made a report dated 13th of August, 1981, to the State Government that T.R. Seshagiri Iyer had made a genuine attempt to export Indian Currency of the value of ₹ 2,88, 900/-without permission of the authorities and in violation of the Foreign Exchange Regulation Act, 1973 and the Customs Act, 1962. He also appended the copies of Mahazar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Air Craft after custom clearance. Before commencing the custom examination, the Custom Officers required him to give a true and complete declaration of the contents of the baggages for which custom clearance was sought, with specific reference to silver, gold, gold ornaments and foreign and Indian Currency. He declared that the baggages contained clothes, personal files, vegetables and fruits and he categorically denied having any Indian or foreign currency inside the said baggages. But in examination the Custom Officer recovered Indian Currency to the tune of ₹ 2,88,900/- in bundles of 50 Rupees and 100 Rupees from the leather folder kept in brief case, the plastic bag, shoes and under the vegetables in the card board carton. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory Board by their order dated 21st of November, 1981, opined that there was sufficient cause for the detention of the detenu. Thereafter the government confirmed the detention of the detenu and fixed the period of detention for one year with effect from 28th of October, 1981. 7. The wife of the detenu has filed the present petition under Article 32 of the Constitution to challenge the order of detention. It was contended for the detenu that a single solitary instance of attempt to export Indian Currency to foreign countries is hardly sufficient to warrant an inference that the detenu will repeat his activity in future also and that his detention was necessary to prevent him from so doing in future. 8. In support of the contention rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rawn from it that the person concerned would be likely to repeat such acts so as to warrant his detention. 9. From the aforesaid observation it is evident that an inference in each case will depend on the nature of the act and the attendant circumstances. In the present case the detenu tried to export Indian Currency to the tune of ₹ 2,88,900/- to a foreign country in a planned and pre-meditate manner by clever concealment of it in several parts of his baggage. This fully justified the detaining authority in coming to the conclusion that he might repeat his illegal act in future also and that his detention was necessary to preventing him from repeating the same in future. His past act in the circumstances might be an index of his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t or antecedent history of a person can appropriately be taken into account in making a detention order. It is indeed largely from prior events showing tendencies or inclinations of a person that an inference can be drawn whether he is likely in the future to act in a manner prejudicial to the maintenance of supplies and services essential to the community or his act of violation of foreign exchange regulations and his smuggling activities are likely to have deleterious effect on the national economy. 11. 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 satisfac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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