B. N. Kirpal, J. (Oral)

( 1 ) BY our order dated 9th January, 1980 we had accepted the hebeas corpus petition filed by the wife of the detenu Shri Shyam Kishan Sharma and ordered his release from custody. In the said order we had indicated that the reasons For our decision would be given subsequently. The reasons for allowing the writ petition and ordering release of the detenu are given hereinafter.

( 2 ). According to the petitioner the premises of the detenu were raided on 5th August, 19 79 by the Customs Officer. This raid was organised after a large number of watches had been seized at the Palam Airport on 4th August, 1979 nothing incriminating was recovered except that some trade goods like cosmetics, whisky, camera, fabrics etc. of foreign origin valued at Rs. 8,500. 00 were recovered and seized. At about 12 noon on 5-8-79 the detenu was taken into custody. An application for bail was filed on 6-8-79 and the detenu was ordered to be released on bail 31-8-79. On 23rd September, 1979 the detenu was served with an order of detention dated 22nd September, 1979. The detenu was taken into custody and sent to Central Jail, Tihar, New Delhi. This order of detention was passed under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the said Act" ). On 28th September, 1979 the detenu was given grounds for detention. It is the contention of the petitioner that a number of documents, all the documents were not given to him. On 22nd October, 1979 the Advisory Board met but on a representation being made by the detenu for the supply of the rest of the documents, (before the) Advisory Board took any decision, the metting was adjourned on 29th October, 1979. On 27th October, 1979, according to the petitioner, some more documents were given for inspection. Ultimately on 6th November, 1979 the representation was rejected.

( 3 ). The petitioner filed the present writ petition and prayed for a writ of hebeas corpus to be issued for the release of her husband. The return to the petition had been filed by Shri D. R. Kohli, the Administrator and also by Shri W. C. Khambra, Under Secretary (Home-P), Delhi Administration, Delhi.

( 4 ). At the time of the hearing of the case Shri K K. Sud, the learned counsel for respondents, made available to the court the original file in which the order of the Administrator had been passed. The perusal of the file shows that the Customs Department had made a proposal for the detention of the detenu on the ground that he was indulging in smuggling activities. The proposal was placed before the Screening Committee who gave its report recommending the detention of Shri Shyam Kishan Sharma as well as four other persons. The immediate cause for the said proposal being made was the recovery of large number of wrist watches on 4th August, 1979 at the Palam Airport. It was alleged that different types of wrist watches valued at about Rs. 2,08,000. 00 were recovered from 22 small packets wrapped in Khaki paper from the toilet of the British Airways aircraft which landed at Palam Airport on 4th August, 1979. The allegation appears to be that Shri Sharma was involved in the smuggling alongwith S/shri Chander Singh, Net Ram, Babu Lal and Prem who were also the employees of the British Airways as loaders. The report of the Collector of Excise and other material on record was put up before the Administrator who passed the following order on 20th September, 1979:

"i have perused the report of the Collector of Central Excise and other material provided therewith as also the examination of the case by the Screening Committee. It is clear that Shri S. K. Sharma is an habitual smuggler and Shri Chander, Shri Net Ram, Shri Babu Lal and Shri Prem have been his collaborators in more than one case. In the circumstances, I accept the view of the screening committee that it is necessary to detain them to restrain them from carrying their illegal activitie

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