JUDGEMENT
B.N.KIRPAL, J. -
(1.)The challenge in this writ petition is to the order of detention dated 29th June, 1984 issued by the Government of Maharashtra under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA ACT'), whereby the petitioner has been detained with a view "to prevent him from smuggling goods".
(2.)As per the grounds of detention which were served on the petitioner, the detention order has been passed on the basis of an incident which had occurred on 13th June, 1984. The petitioner, along with his wife and an employee of his Mr. A. J. Ndemanga, had been cleared through the Customs and were aboard the Zambian Airways Flight No. QZ-781 for Lusaka. The petitioner and his wife held tickets which entitled them to travel by first class whereas Ndemanga held ticket for Economy Class. It is further stated in the grounds that the Customs Authorities intercepted, at the checking counter in the Departure Customs Hall, a person who gave His name as K. S. Kongwa. He was also a Zambian citizen. Two suitcases had been checked and it was apprehended that the said suitcases contained some contraband goods. On being questioned, Mr. Kongwa stated that the said suitcases had been checked in by him on the tickets of Mr. Ndemanga, who was stated to have been working as a Driver of the petitioner and his wife. Mr. Kongwa further told the authorities that as per his knowledge the suitcases contained Narcotics. Thereafter the petitioner, his wife and Mr. Ndemanga were brought from the Security Hall and they were also questioned about the said suitcases. All three of them stated that they had no knowledge of the said suitcases, nor did they know as to what was contained in them. Mr. Ndemanga, in his statement, informed the Customs Authorities that he had given his ticket to Mr. Kongwa for getting clarification about the class in which he was to travel and he neither knew to whom the said two suitcases belonged nor did he know about the contents thereof. Neither the petitioner nor his wife nor Mr. Kongwa, on being asked, was able to produce the keys for opening the said suitcases. The two suitcases bore the label showing the name as being belonging to G. Tanishi, Box 31259 Lusaka. In the grounds it is stated that the Customs Officers checked the passenger Manifest of the said flight, but the abovementioned name did not appear in it. Mr. Kongwa, of course, in his statement, implicated the petitioner and his wife. The said suitcases, when they were opened, were found to contain Mandrex tablets. The petitioner and his wife identified the suitcases which had admittedly been checked in by them. The inspection of the said suitcases did not reveal any incriminatory goods. Similar was the case with regard to the hand baggage which they were carrying. As already noted, on 29th June, 1984 the order of detention was passed. In the grounds of detention, after the aforesaid facts had been stated, it was mentioned that "You along with your wife Princess Sikota Wina masterminded the conspiracy of smuggling of Mandrex tablets out of India. You along with your driver Alfred Ndemanga attempted to smuggle mandrex tablets out of India with the active help of K. S. Kongwa. Government, therefore, consideres it necessary to detain you under COFEPOSA Act, 1974 with a view to prevent you from indulging in such type of prejudicial activities in future". A representation against the said detention order had been filed, but the same has been rejected.
(3.)In the present petition under Art. 226 of the Constitution of India, the aforesaid detention order has been challenged. It is not necessary to refer to or deal with all the contentions which have been raised by Mr. Sibal, because, in our opinion, the order has to be quashed on the ground that it does not show any application of mind.
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