SHIVAJI JADHAV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is a detenu, has challenged the order of his detention dated 1-10-1986 made by the State of Karnataka under S.3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (shortly called 'the COFEPOSA'). The order states that the same was issued with a view to prevent him from engaging in keeping and transporting smuggled goods. He was arrested on 15-10-1986 and has been lodged in the Central Prison at Bangalore. It is an admitted fact that the petitioner has been served with the grounds of detention along with the relevant documents stated in the said grounds.

(2.) The petitioner is stated to be a native of Walvan in Sangli District (Maharashtra), but he is carrying on business at Kollegal, Mysore Dist., in Karnataka State wherein he is having a silver refinery. He lives with his family at Kollegal.

(3.) On 28-3-1986 he was travelling in a KSRTC bus plying from Badami to Bangalore via Bagalkot. The officers of the Customs and Central Excise, Headquarters Preventive Unit, Belgaum headed by a Superintendent of Customs enquired from the petitioner travelling in the said bus, at bus-stand Hospet, at 00.10 hours on 23-8-1986. The petitioner was enquired about the place from which he was travelling and his destination and the petitioner stated that he boarded the bus at Bagalkot on 27-3-1986 and was going to Tumkur from where he intended to go to Kollegal in Mysore District. According to the authorities, the petitioner did not give satisfactory information to certain questions and therefore the Superintendent detained him along with his bag etc., on the reasonable belief that he was carrying on contraband gold with him and took him for detailed checks. A primary panchnama was held in the presence of two witnesses. Thereafter the petitioner was taken to Priyadarshini hotel at Hospet and was checked in the presence of witnesses. Another panchnama was prepared, which states that, the Officers detained the petitioner on the reasonable belief that he was carrying on contraband gold. In the presence of the witnesses the black rexine handbag of the petitioner was opened and examined, but there was nothing incriminatory material. However, when the petitioner was searched, in the front side pocket of his pant they noticed two heavy paper packets which were removed and opened in the presence of witnesses. In the first paper packet there were six primary gold crude rods and in the second packet there were similar four primary gold crude rods, all of which were shapeless. The witnesses who held gold dealer's licence at Hospet stated in the panchnama that these gold rods were not ornaments as per their experience. They tested the purity of the gold rods by 'touch-stone-method' and weighed them. The panchnama gives the description including the weight of the gold rods and the purity of the gold. The total weight of 10 gold rods is stated as 583.100 gms. having 24 ct. purity.