Meanwhile on 11.2.1988 a declaration by the third Respondent under Section 9 1 of the Act was made, whereby the detenu was ordered to be detained for a companytin ued detention for a further period of 6 months over one year.
On 9.12.1986 also the Superintend ent of Central Excise searched the residence of the detenu in the reasonable belief that there was companycealment of more smuggled gold in the said house.
Hence this appeal.
He dug up the spot and produced the relavent gold biscuits which were kept companycealed under the ground.
1988 to the Advisory Board which has reported that there is in its opinion sufficient cause for the detention of the detenu.
the market value of which as on that date was Rs.3,14,237.
The appel lant filed a Writ Petition under Article 226 of the Constitution of India for quashing the impugned order of detention, but was number successful.
But on questioning by the officer, the detenu companyfessed that he had buried eleven gold biscuits in the backyard of his house.
1,14,268.
The detaining authority taking into companysideration of the seizure effected on two occasions and the statement of the detenu admitting his involvement in the prejudicial activities mentioned in the grounds of detention reached its subjective satisfaction of the necessity of passing the impugned order and passed the same on 7.10.1987.
The material facts which neces sitated the passing of the detention order can be briefly stated thus On 30.11.1986, Superintendent of Central Excise, Manjeri Range and party searched the permanent residence of the detenu in his presence which did number result in the seizure of any companytraband goods or the recovery of any incriminating documents.
3 18 of 1989.
During this search, the detenu pointed out to the Superintendent one packet which had been placed in the thatched roofing of his house.
The companytraband goods were seized under a Mahazar.
From the Judgment and Order dated 15.6.88 of the Kerala High Court in Original Petition No.
On 30.11.1986 a statement was recorded from the detenu by the Superintendent of the Cen tral Excise under section 108 of the Customs Act in which the detenu had given a detailed numbere of his involvement in the smuggling activities.
Each of the gold biscuits was found wrapped in black carbon paper bearing foreign markings and weighing 10 tolas each with the purity of 24 carats.
The detenu made a representation to the third Respondent praying for revoca tion of the detention order on 25.1.1988 which was rejected on 11.4.1988.
with 24 carat purity, all to the value of Rs.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The first Respondent made a reference under section 8 of the Act on 5.5.
The total weight of the eleven gold biscuits was 1282.600 gms.,
The Judgment of the Court was delivered by RATNAVEL PANDIAN, J. This appeal under Article 136 of the Constitution of India is preferred by the appellant, Abdul Rahman questioning the validity and companyrectness of the order of detention passed by the first Respondent on 7.10.1987, in exercise of the powers companyferred by section 3 1 iii and 3 1 iv of the Conservation of Foreign Ex change and Prevention of Smuggling Activities Act, 1974 Central Act 52 of 1974 hereinafter referred to as the Act whereby detaining the appellants brother Sri T.A. Sirajudeen Siraj the detenu herein with a view to pre venting the detenu from engaging in transporting or companyceal ing or keeping smuggled gold or dealing in smuggled gold otherwise than by engaging in transporting or companycealing or keeping smuggled gold.
The Superintendent took out the packet and it was found companytain ing four gold ingots bearing foreign markings weighing 466.400 gms.
3299 of 1988.
Sasiprabhu and P.K. Manohar for the Appellant.
Though the impugned order was passed on 7.10.1987, the detenu was arrested on 18.1.1988 and detained in the Central pris on, Trivandrum from 19.1.1988 onwards.
Dutta, Additional Solicitor General, P. Parmeshwaran, Pramod Swarup and T.T. Kunhikannan for the Respondents.
The detenu was fur nished with companyies of the grounds of detention and other companynected material documents on 21.1.1988.
