Preventive detention based on antecedent smuggling conduct upheld despite later prosecution being available

Preventive detention under the COFEPOSA Act was sustained where the detenu's prior dealings in foreign and notified goods, earlier Customs Act penalties, and a later unexplained seizure from his premises formed relevant material for subjective satisfaction. The lapse of time did not render the antecedent conduct stale because it still bore on the likelihood of continued smuggling activity. The court also held that the availability of prosecution for the recent seizure did not bar preventive detention, since prosecution alone was not considered sufficient to prevent repetition of similar conduct. The detention order was upheld and the challenge failed.

---

---

Issues: Whether detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was invalid because earlier contraventions were stale and because prosecution for the recent seizure was available.

Analysis: The detenu had a history of dealing in foreign and notified goods and had earlier been penalised under the Customs Act. The later search disclosed a substantial quantity of foreign and notified goods from his shop and residence without satisfactory explanation of acquisition. In such circumstances, past conduct could legitimately form part of the material for subjective satisfaction, and the lapse of time did not destroy its relevance. The possibility of prosecution for the isolated incident did not bar preventive detention where the authority was satisfied that prosecution alone would not prevent repetition of similar conduct.

Conclusion: The detention order was upheld and the challenge failed.

Ratio Decidendi: In preventive detention matters, antecedent acts may be relied upon if they remain relevant to the subjective satisfaction that the detenu is likely to continue the proscribed activity, and the availability of prosecution does not by itself preclude detention under the preventive detention law.

---