M ABDUL MAJEED Vs. A K BATABYAL

JUDGEMENT

(1.) The petitioner who is a detenu challenges the validity of his detention made in pursuance of a detention order dated 24-2-1989 purported to have been made under S.3(1) of COFEPOSA Act, 1974. The relevant facts can be stated by summarrising the grounds, in support of the order of detention supplied to the petitioner.

(2.) The Officers of Directorate of Revenue Intelligence, Regional Unit, Bangalore kept watch near Talpady Checkpost along with two independent witnesses on 12-2-1989 looking out for cars bound to Bombay, transporting contraband gold. Around 14.45 Hrs. on that day, a blue colour Maruthi car was noticed coming from Kasargad side. As it approached the checkpost, the officers singnalled it to stop. The said car did not have any painted number plate on either side; however a number CRX 3676 in small letters was seen written. Beside the petitioner as the driver of the car, there was one more occupant in the car sitting on the back seat. At this point of time, one Ambassador car also approached the said checkpost, from Kasaragad side and immediately two officers rushed towards the detenu's car and managed to stop it. However, the person sitting at the back seat escaped from the car. In the meanwhile, the other remaining officers stopped the grey colour Ambassador car bearing Registration No. CRX 3657 with only driver as the occupant. After questioning the petitioner and the driver of the other car, the officers on the reasonable belief that goods of foreign origin liable for confiscation under the provisions of the Customs Act, 1962 have been concealed ingeniously the said cars directed them to bring the cars to their office for further examination. Accordingly, the cars were taken to the DRI office, Mangalore after drawing a spot mahazar. On arrival at the said office, accompanied by the same witnesses, officers took personal search of the two drivers. No incriminating materials were found in their possession. Thereafter the officers thoroughly examined the Maruthi car and found in a cavity five cloth vest jackets weighing abnormally heavy. Totally eight such jackets were found in the said Maruthi car. Thereafter, the officers took thorough search of the Ambassador car bearing Registration No. CRX 3657 and finally recovered eight cloth jackets with stitched pouches/packets in the Ambassador car. Thus both the cars, in all, contained gold biscuits totalling 1600 gold biscuits. The usual investigation proceeded including the recording of the statement of the petitioner.

(3.) It is clear that the petitioner was only a driver, so was the person driving the other car. The person who owned the cars or responsible for the transportation of these gold biscuits has not been traced.