UNION OF INDIA Vs. DIMPLE HAPPY DHAKAD

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of the judgment dated 25.06.2019 passed by the High Court of Judicature at Bombay in W.P. (Crl.) Nos.2843 and 2844 of 2019 in and by which the High Court has quashed the detention orders dated 17.05.2019 passed against the detenues. The appellants-Union of India in appeals arising out of SLP(Crl.) Nos.5459 and 5460 of 2019 have challenged the impugned judgment quashing the detention orders. While quashing the detention orders, the High Court has stayed the operation of its own order for a period of one week to enable the appellants to approach the Supreme Court. Being aggrieved by the stay, the detenues-respondents have preferred appeals arising out of SLP(Crl.) Nos.5396 and 5408 of 2019 before this Court. All the appeals shall stand disposed of by this common judgment.

(3.) The facts giving rise to these appeals are that pursuant to an investigation by the office of Directorate of Revenue Intelligence in the matter of smuggling of foreign origin gold by a syndicate of persons from UAE to India. On 28.03.2019 search and interception of two vehicles i.e. a Honda Activa Scooter and a Honda City car was held. It was noticed that there were two persons Abdul Ahad Zarodarwala and Shaikh Abdul Ahad, employee of Zarodarwala. Search of the vehicles resulted in recovery of 75 kgs of gold in the form of five circular discs valued at Rs.24.5 crores. Follow-up searches were conducted in the offices and residential premises of the connected persons resulted in further recovery of 110 kgs of gold and currency amounting to Rs.1.81 crores. Shoeb Zarodarwala, Abdul Ahad Zarodarwala and Shaikh Abdul Ahad were summoned and their statements were recorded and they are alleged to have made statement regarding receiving of smuggled gold from respondent detenu-Nisar Pallathukadavil Aliyar.