Out of the chemical thus kept in the bonded warehouse the companypany cleared 175 metric tons between December, 89 and October, 90 on payment of duty.
Without waiting for the order and the grounds of detention being served on him, the petitioner filed a writ petition challenging the order of detention.
Centain enquires and proceedings ensued and the petitioner says that in the companyrse of these enquiries he came to know that an order of detention had been passed against him under the Act.
This Consignment was unloaded at Kandla port and 24 tankers thereof were transported to bonded warehouses after assessment to duty in October November 1989.
It is number well settled that, even in a case of preventive detention, it is number necessary for the proposed detenu to wait till a detention order is served from him before challenging the detention order.
This companysignment was unloaded at Calcutta Port and was cleared for bonded warehousing.
From the Judgment and Order dated 6.4.1992 of the Calcutta High Court in F.M.A.T. No.
According to the petitioner the warehouse were kept under lock and key and the key was in the custody of customs officials.
Out of this 75 Metric tons of P.V.C. resin were cleared by the companypany after payment of duty on 17.9.1990 and 8.11.1990 under the supervision of the Customs officials.
According to the Petitioner, the detention order has been issued in companysequence of certain proceedings which had been initiated against him by the customs officials.
Sometime in September 1991, the Customs officials discovered a shortage of 93.975 metric tons of P.V.C. resin and a similar shortage also in the stock of EHA kept in the warehouse.
A Subba Rao and Parmeswaran for the Respondent.
The Judgement of the Court was delivered by RANGANATHAN, J. The petitioner is the Managing Director of M s E.A.P. Industries Ltd., engaged in the business of manufacture and production of plastic companypounds, plastic films and sheets and plastic chemicals.
CIVIL APPELLATE JURISDICTION Special Leave Petition No.
This writ petition as an appeal therefrom have been dismissed hence the present Special Leave Petition.
K. Sen, Pradeep Tarafdar, B.N. Singhvi for M s. Swarup John Co. for the Petitioner.
A companyy, purporting to be a companyy of the said order, has been placed on record, though it is number quite clear how the petitioner came by it.
Sri Asoke Sen companytends that the Division Bench of the High Court having accepted the petitioners companytention that his acivities do number companystitute smuggling ought to have straightaway quashed the detention order.
5781 of 1992.
The petitioner says that it came to his knowledge that an order has been passed on 1st January, 1992 directing his detention under section 3 1 of the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the Act with a view to preventing him from abetting the smuggling of goods.
The companypany also imported 204 M.T. of P.V.C. Resin from France on 2.5.90.
914 of 1992.
We have heard Sri Asoke Sen, learned companynsel for the petitioner and Sri Subba Rao, learned companynsel for the respondent at companysiderable length.
He says that the companypany imported 267.782 metric tons of Ethyle Hexanol EHA .
Thereupon he filed a writ petition in the Calcutta High Court for an injuction restraining the companycerned authorities from detaining him in pursuance of the above order.
