1985 (1) TMI 64

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....xchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act) with a view to prevent him from engaging in keeping smuggled goods. 2. Originally this very detenu was detained by virtue of an order under the said Act passed on 29th June, 1984 as a consequence of seizure of some goods from a godown on 10th February, 1984. The grounds of detention in respect of the order, dated 29th June, 1984 were given also on 29th June, 1984. That order had been passed with a view to prevent the detenu from smuggling goods under section 3(1) of the Act. A petition under Article 226 of the Constitution of India bearing No.94 of 1984 was filed in this Court on July 23, 1984 to challenge that detention. Notice was issued by t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tention has been challenged on various grounds. In the view that we are going to take it is not necessary to notice all of them. One of the grounds of challenge taken is that the show cause notice issued to the detenu on July 26, 1984 was never placed before the detaining authority. It was a relevant document. In reply the respondent admit that the show cause notice was not placed before the detaining authority. It is, however, urged on behalf of the respondents that the show cause notice was relevant only for adjudication proceedings under the Customs Act and had no relevance to the preventive detention resorted to by virtue of the order passed by the detaining authority. 4. In our view the contention of the respondents has no force. Th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....osecution proceedings were likely to be initiated. He has, however, not aware of what was the precise case of the Custom Department in the adjudication proceedings. That he could have been made aware of only if he had seen the show cause notice. This he could not do because the show cause notice was not placed before him. The grounds of detention served on the detenu in respect of the impugned detention do not show that the detaining authority was aware of the contents of the show cause notice of the basis on which the adjudication proceedings had been commenced. Even in the counter-affidavit filed on behalf of the respondents this aspect has not been made clear or adverted to. May be the detaining authority could have   taken a v....