GIRDHARI LAL GOVINDDAS AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Malik Sharief-Ud-Din. J.-This petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the order of detention dated 23rd Sept., 1983 passed for and on behalf of the Government of Maharashtra State, respondent No. I 'under THE COFEPOSA ACT 1974.'

(2.) The detention order No, SPL. 3A/PSA 0183/113-11 dated 23-9-83 was passed by respondent no. 2 under Section 3 of COFEPOSA Act of 1974 with a view to prevent the petitioner from smuggling and abetting the smuggling of silver. The representations made by the petitioner to the Central Government and State Government were rejected and the detention was confirmed after the Advisory Board held that the cause for detention was sufficient.

(3.) We may here give a brief summary of the events that led to the investigation of the facts on the basis of which sponsoring authority and the detain- ing authority came to the conclusion that the petitioner was indulging in and abetting the smuggling of silver from India. On 14-5-83 on an information the officers of the Directorate of the Revenue Intelligence, Bombay, intercepted one Dawood Ishak Merchant in an Ambassador Car No. MMD-8477 in a lane opposite Darpan Theatre at Andheri at 4 p.m. and found four packages containing silver bullion in the dicky of the car. The officers also recovered 86 similar packages from a wooden box containing silver bullion kept in an open garage where the aforesaid car had stopped. Having hauled all the silver investigation regarding its ownership was conducted and it was found that some of the silver pieces seized in this case had the markings of M/s. National India Bullion Refinary, Bombay, for short hereinafter called N.I.B.R. one Shri Durga Dass Mehra partner of M/s N.I.B.R. in his statement, inter alia stated that they do not maintain piecewise particulars of silver bullion pieces which weigh less than I kg. and as such it was not possible to ascertain the parties to whom the silver bullion in pieces in the seized car had been sold by them.