Judgement

SUBBA RAO, CJI. : This petition under Art. 32 of the Constitution of India raises the question of validity of the detention of the petitioner under S. 3 of the Foreigners Act, 1946 (Act No. 31of 1946) Hereinafter called the Act).

2. The petitioner is a Pakistani national who entered India without any travel documents. On May 8, 1964, he was arrested in New Delhi by the Customs Authorities under S. 135 of the Indian Customs Act, 1962. On May 9, 1964, he was ordered to be enlarged on bail. On May 18, 1965, he was ordered to be released. When he was about to be released from jail, a detention order was served on him by the Central Government under S. 3 (2) (g) of the Act. It was said that he had to be detained as police investigation was in progress in respect of a case of conspiracy to smuggle gold of which he was a member. On May, 29, 1965, he was convicted by the Magistrate, First Class, Delhi of an offence under the Customs Act and sentenced to undergo rigorous imprisonment for a period of 9 months and to pay a fine of Rs. 2,000. The appeal filed by him to the Sessions Judge against that order was dismissed. The petitioner underwent imprisonment and also paid the fine. Be