That after booking these packages as aforesaid you came over to Jammu and waited for their arrival and companytacted Ghulam Ahmed and Ram Lal the above mentioned persons.
That on the 15th April, 1956, you tried to get the transport receipt from the Punjab National.
Bank but did number succeed in doing so as it was a public holiday.
Meanwhile your activities leaked out and the goods were seized by the Central Customs and Excise Department of India.
November 1.
172 of 1956.
The Judgment of the Court was delivered by JAGANNADHADAS J. This is an application under article 32 of the Constitution for the issue of a writ in the nature of habeas companypus against the State of, Jammu and Kashmir by the petitioner who was under detention by virtue of an order dated the 5th September, 1956, issued by the Government of the State of Jammu and Kashmir under sub section 2 of sec tion 3 taken with sub section 1 of section 12 of Jammu and Kashmir Preventive Detention Act, 2011 hereinafter referred to as the Act .
Under Article 32 of the Constitution for a writ in the nature of Habeas Corpus.
Porus A. Mehta, T. M. Sen and R. H. Dhebar, for the respondent.
ORIGINAL JURISDICTION Petition No.
The two orders of detention, one of the District Magistrate dated the 1st May, 1956, and the other of the Government dated the 5th September, 1956, recited that the petitioner is directed to be detained because it was, necessary to make such an order with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity.
2,500 to Pakistan through Ranbirsinghpura Pakistan border.
The petitioner was first placed under detention by virtue of an order passed by the District Magistrate, Jammu, under subsection 2 of section 3 of the Act on the 1st May, 1956, and that order was companyfirmed and companytinued on the 5th September, 1956, under sub section 1 of section 12 of the Act by the Government after taking the opinion of the Advisory Board.
That on 11 4 1956, you booked 3 bales of silk cloth through Messrs Jaigopal Rajkumar Shegal of Amritsar to Jammu Tawi and got these bales on address of yourself, and on the same day you got one package of Tila booked through S. Kanti Lal Zarianwalla of Amritsar and got this package also addressed To self for Jammu Tawi.
That for the said purpose of smuggling of goods to Pakistan you went to village Darsoopura on 7th April, 1956, and companytacted Ghulam Ahmed son of Suraj bin resident of Darsoopura Tehsil Ranbirsinghpura and one Ram Lal son of Frangi resident of Miran Sahib Tehsil Ranbirsinghpura and others who I similarly are addicted to carrying on such a smuggling business and with their aid made arrangements for export of Shaffon cloth worth Rs.
The grounds of detention as companymunicated to the petitioner on the 31st May, 1956, by the District Magistrate, Jammu, are as follows That you carried on smuggling of essential goods to Pakistan through the Ferozpur and Amritsar border, but since the tightening of said borders you have recently shifted your smuggling activities to Ranbirsinghpura Pakistan borders in the State of Jammu and Kashmir and are carrying on illicit smuggling of essential goods such as cloth, zari and mercury to Pakistan through this border thus affecting the economic companydition of the public in Kashmir State adversely .
N. Andely, amicus curiae, for the petitioner.
