- (1.) These three petitions for the issue of writs of habeus corpus for the release of the three detenus, are heard together in view of their similarity.
(2.) In all these three writ petitions, the only ground urged by Mr. Ramalingam, learned counsel appearing for the petitioners, is that the materials which formed the basis for detention were not communicated to the detenus in the language known to them, viz, Tamil.
(3.) In W.P. No. 6594 of 1982, one Arumugham is the detenu. In para (xi) of the grounds of detention served on him, it is stated as follows :- "Apart from the above instances, you were also involved in Customs seizure cases previously and penalty imposed on you. The details of cases are as follows - 1. Seizure of polyester pant material valued Rs. 2,250/- on 20-12-1980 from your business premises 2. Seizure of textiles, car stereo torch lights and parasols valued Rs. 3275/- on 10-2-81 from your business premises Order DOR 154/80 dated 7-9-81 of Asst. Collector Customs Ramanand Penalty Rs. 2000/- imposed on you DOR 187/80-81 dt. 19-10-81 of Asst. Collector, Customs, Rameswaram, Penalty Rs. 250/- imposed on you." In para 2 of the grounds of detention, it is also stated - "From the depositions of various persons involved in different seizure cases, it is evident that you have been continuously indulging in smuggling activities. The penalty imposed on you under the Customs Act has not deterred you from engaging yourself in smuggling activities." In W.P. No. 6727 of 1982, one Nalluswami alias Nallu is the detenu. In ground (viii) of the grounds of detention, it is stated - "In the seizure case, a show cause notice has been issued by the Assistant Collector of Central Excise Customs Rameswaram in his GOR 5/81-82, dated 1-9-81, directing you to show cause why the goods should not be confiscated under the Customs Act 1962 and why a penalty should not be imposed on you under S. 112 of Customs Act, 1962. You have not replied to the show cause notice so far, even though you have received the same. 2. It is thus clear from the above, that you are indulging in the smuggling activities." In W.P. No. 6727 of 1982 one Gunesekaran is the detenue. In paragraph xii of the grounds of detention, it is stated - "Apart from the above instances, you were also involved in earlier customs seizure cases also and penalty has been imposed on you. The details are as follows :- "Seizure of nylon zip fasteners, Order No. 98/80-81 dt. 13-10-1980 nylon fishing nets, textiles and of Asst. Collector, Ramanathapuram other goods valued Rs. 22400/- Penalty Rs. 2000/- imposed with jeep M DT 3110 valued at Rs. 15000/- on 19-1-80 Seizure of Indian goods valued Order No. 101/80-81 dated 16-10-80 Rs. 15120 on 2-2-80 intended for of Asst. Collector, Ramnad illicit export to Sri Lanka Rs. 500/- on you. 2. In view of what has been discussed above, it is evident that you are engaging yourself in prejudicial activities, notwithstanding imposition of penalties in your earlier offence cases and have been continuing your smuggling operations unabated." In the above set out grounds the detaining authority has adverted to the previous activities of the detenu concerned. In two of the cases, the previous activities ended in confiscation and fine and the third stopped with a show cause notice. Nevertheless, it is clear from the grounds of detention, in the three cases that the authority concerned has specifically taken into consideration the said grounds before passing the detention order concerned.;