FAZILA SAYYED Vs. UNION OF INDIA

JUDGEMENT

(1.) A Detention order1 against Sayyed Hussain Madar @ Chand (since deceased) was passed way back on 2/5/2005 and the present writ petition has been filed by his widow praying therein that such detention order be quashed.

(2.) This case has chequered history.

(3.) Directorate of Revenue Intelligence (DRI) had information that one sea-faring vessel would be entering into Indian customs waters carrying approximately 700 metric tonnes of smuggled diesel oil of foreign origin, which would be offloaded in several barges and then would be carried to coast. Pursuant thereto, on 21/12/2004, DRI officials spotted vessel by the name of M.T. AL SHAHABA which was found carrying High Speed Diesel (HSD)/Marine Gas Oil being brought from Muscat, Sultanate of Oman into Indian waters, illegally. Sayyed Hussain Madar @ Chand (hereinafter referred to as Detenu) was also found present on said vessel. It was learnt that he was the one who had also arranged for the barges and tow boats for the purposes of smuggling of said oil. Thus, it came to fore that huge quantity of the diesel oil was being smuggled with no import documents. The entire such diesel totalling 770.00 C.MTR weighing 635.556 metric tonnes, valued at more than Rs.2.30 crores, was seized on 21/12/2004 under the provision of Customs Act 1962.