DINABANDHU MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Officer-in-charge of Police Station Habra had a definite information that some contraband articles were being carried in an ambassador car No.WBJ 8475 from Hakimpur (a place in India on Indo-Bangladesh Border) to Calcutta. Immedialtely, thereafter, he along with two Sub-Inspectors and other officers kept a watch on Banipur Asrafabad Road. At about 13.15 Hrs. on 27th Feb.1986, the police officers noticed the said car coming from the direction of Hakimpur. The Officer-in-charge signalled the said car to stop. The driver tried to speed away the vehicle with the passengers but it was intercepted immediately by the Police Vehicle. At that time, there were four occupants in the Car No.WBJ-8475; namely, S/Shri Dinabandhu Mondal, Prosenjit Mondal, Monoranjan Ghose and Bholanath Karmaker, the driver. The search of the vehicle resulted in the recovery of primary gold of foreign origin with number 9999, in 19 pcs of 10 tolas each and one piece of 10 tolas with number 9990 kept concealed in a black coloured bag made of cotton and placed in the specially designed cavity on the body of the said car below the Dash Board. The personal search of the occupants were also taken and articles besides currency notes of various denomination were taken into possession. In the meantime, the Customs Officer reached there and the Officer-in- charge, Habra Police Station handed over twenty pieces of gold biscuits along with other recovered articles to them. In turn, the Customs Officers of the Preventive Unit seized the Ambassador car under S.110 of the Customs Act, and on reasonable belief that the 20 pcs. of primary gold and two wrist watches all of foreign origin were illicitly imported into India were also taken into possession. All the four occupants of the car were arrested there and then.

(2.) In his statement under S.108 of the Customs Act, Shri Dinabandhu Mondal, claimed the ownership of all the twenty pieces of gold biscuits of foreign origin and, inter alia, stated that he had started smuggling foreign gold since Dec.1985 and from then he brought at least 107 pcs. of gold biscuits. On 26th Feb.1986, a man, namely, Fazlul Hague came to him and handed cover 20 pcs. of gold biscuits and the petitioner in turn gave him Rs.1,00,000/- in Indian currency. Then the 20 pcs. of gold biscuits were kept in the secret cavity of his father's car No.WBJ 8475. On 27th Mar.1986, he along with his younger brother, Prosenjit Mondal left his place, Hakimpur at that time he did not know anything about the gold. On the way, Shri Monoranjan Ghosh, a person known to him from before, boarded the said car. Further, on the way, at Khashpur, his driver Shri Bholanath Karmakar boarded the car and started driving. However, at Banipur Chowmatha a signal was given by the police officers to stop. He, however, directed the driver to speed away but the car was later on intercepted and the search yielded in the recovery of the gold. He further stated that he smuggled those 20 pcs. of gold biscuits of foreign origin from Bangladesh and, therefore, could not produce any lucid document. The other occupants almost narrated the same sequence which resulted in the recovery of 20 pcs. of gold, but they denied their involvement in the smuggling. In the course of follow-up action, the residential premises of the accused persons were immediately searched but neither any valuable document nor any incriminating material came to their possession.

(3.) On the basis of the facts and material which came to light, Shri M.L. Wadhawan, Additional Secretary to the Government of India, had no hesitation in holding that Shri Dinabandhu Mondal, the present petitioner has been smuggling goods and engaging in transporting and concealing smuggled goods. Even though, adjudication and prosecution proceedings under the Customs Act, 1962 are likely to be initiated but he is satisfied that the petitioner should be detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from smuggling goods and engaging in transporting and concealing smuggled goods. The said order was passed on 24th June, 1986. This very order of detention which was served on the petitioner on 22nd Oct.1986 is under challenge in the present writ petition. His prayer is for the issuance of a writ of Habeas Corpus or any other appropriate writ, order or direction under Art.226 of the Constitution of India, to quash the detention, set aside the impugned order of detention and order his release forthwith.