TaxTMI 
TaxTMI 
2002 (8) TMI 832
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....s at the Indira Gandhi International Airport, New Delhi on the allegation that he had smuggled 40 mobile telephones. The mobile phones were found hidden in a microwave oven. The microwave oven as well as the mobile telephones were seized and the collective value of the seized goods has been stated by the respondents to be Rs.5,16,000/- . At the time of his arrest, the appellant handed over his passport to the customs authorities. In the appellant's statement under Section 108 of the Customs Act, 1962, it was stated by the appellant that the appellant was an employee of M/s B.D. Denim. The appellant had also stated that he had made six trips to Dubai between 30th May 2000 to 3rd July 2001 at the instance of the proprietor of M/s B.D. ....
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....t in jail where the appellant still is. The appellant claims that he had sent a detailed retraction of his statement as recorded on 5th July 2001 to the Finance Minister and the Chief Commissioner (Customs). He also made a representation on 17th October 2001 to the detaining authority in which he has challenged the order of detention. The representation was rejected by the respondent No. 1 by an order dated 29th October 2001 and the detention order was confirmed for a period of one year from 29th September, 2001. The appellant then filed a writ application under Article 226 of the Constitution of India before the High Court challenging his detention. The High Court dismissed the writ application on 8th May 2002. The decision of the Hi....
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.... initiated against you. Your passport is with the customs department but you are likely to travel clandestinely for the purpose of smuggling, hence the Lt. Governor of the National Capital Territory of Delhi is satisfied that it is necessary to detain you under the provisions of the Conservation of the Foreign Exchange and Prevention of the Smuggling Activities Act, 1974 with a view to preventing you from smuggling goods in future." Learned counsel appearing on behalf of the appellant has impugned the order of detention on several grounds. For the purpose of this judgment, it is sufficient to note two of the main submissions: (i) In view of the fact that several applications for b....
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....ate of Bihar : AIR 1984 SC 1334, 1345; Hem Lall Bhandari v. State of Sikkim : AIR 1987 SC 762, 766; Ayya @ Ayub v. State of U.P. : AIR 1989 SC 364, 367] . The facts of this case show a breach of both. It cannot be over emphasized that the object of detention under the Act is not to punish but to prevent the commission of certain offences. Section 3 (1) of the Act allows the detention of a person only if the appropriate detaining authority is satisfied that with a view to preventing such person from carrying on any of the offensive activities enumerated therein, it is necessary to detain such person. The satisfaction of the detaining authority is not a subjective one based on the detaining authority's emotions, beliefs or prejudices. ....
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....ill remained, would the appellant again resort to smuggling goods into the country ? It was not the detaining authority's case that the appellant was a die-hard smuggler. In fact in the impugned detention order, the detaining authority noted that: "Though Shri Deepak Dhembla the proprietor of M/s. B.D. Denim had denied any association in that case, yet from the statement of Shri Rajesh Gulati i.e. you it is clearly evident that Shri Dhembla was the brain behind the smuggling of mobile phones through your help and he was arranging for your ticket and other expenses for executing the process of smuggling of mobile phones in clandestine manner". In other words according to the de....