1990 (2) TMI 53

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... granted. 2. By an order dated July 13,1989 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called 'the Act'), the appellant was detained with a view to preventing him from abetting the smuggling of goods. The appellant challenged his detention by a writ petition filed under Article 226 of the Constitution in the Hig .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tion order it was stated that the detention order had become necessary 'with a view to preventing him from smuggling goods and from abetting the smuggling of goods'. It is, therefore, clear that according to the Gurmukhi version the detenu was taken in detention under clauses (i) (ii) of Section 3(1) of the Act. However, when we turn to the grounds of detention the detaining authority records hi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sent against his detention for smuggling of goods and/or abetting the smuggling of goods or for engaging in transporting and concealing smuggled goods and/or dealing in smuggled goods. Besides the English version of the detention order was only for abetting the smuggling of goods. The satisfaction recorded in the Gurmukhi version of the grounds for detention is not consistent with the purpose for .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X