SHRI N. RAVINDRAN NAIR Vs. THE GOVT. OF GUJARAT, THROUGH THE UNDER SECRETARY, HOME DEPTT. (SPL), SACHIVALAYA, GANDHINAGAR

JUDGEMENT

(1.) The present petition is filed by the petitioner challenging the detention order passed against him. The detention order is dated 30th April, 1991, the copy of which is annexed to the petition at Annexure "A". It is passed by the Principal Secretary to Government of Gujarat, Home Department, in exercise of powers under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("COFEPOSA" for short), directing the petitioner to be detained on his being satisfied with respect to the petitioner, Shri N. Ravindran Nair that with a view to preventing him from smuggling goods, it was necessary to detain him. The said order was served on the petitioner on 4-5-1991 along with the grounds of detention dated 30th April, 1991.

(2.) On perusal of the grounds, it appears that an intelligence was received by the Superintendent of Customs P.I., Bhuj, on 12-12-1990 that one trawler having no name and registration number with one blue and pink painted cabin, suspected to be carrying contraband goods, is moving suspiciously in the sea between Jakhau and Chhachhi. The Customs Officers thereupon organized sea-patrolling in the departmental vessel "AL AMIRA" in the aforesaid area. During the course of the said patrolling at Chhachhi coast, they noticed on 14th December, 1990 one trawler moving in a suspicious manner. After chase, the officers intercepted the said trawler and brought the same to Mandvi Port for rummaging and interrogation. On interrogation, the petitioner disclosed his name and admitted that he was carrying smuggled goods in the trawler from Khorfakhan Port and he was a tindel of that trawler. He also admitted that he had no identity card and also no valid documents to show legal import of the goods brought in the trawler, nor had he any legal documents in respect of the trawler. On the search of the said trawler, 95 silver slabs of foreign origin valued at Rs. 1,83,41,505/- were recovered. Similarly, 10 VCRs valued at Rs. 1,30,000/- were also recovered and 400 wrist watches valued at Rs. 1,16,000/- and gold ornaments worth Rs. 90,000/- were also recovered. All the same goods were seized by the Customs Officers on 14th/15th December. 1990. On the reasonable belief that they were smuggled goods liable for confiscation under the Customs Act, they were seized under the Panchnama. The trawler which was used for transportion of contraband goods was also seized under Panchnama and its value was approximately Rs. 1,97,375/-. Thereafter, it appears that certain statements of the various persons, including the present petitioner, were recorded under section 108 of the Customs Act on 16th December, 1990. The petitioner has disclosed in details in the said statement as to how he indulged in this activity, and summary thereof is also stated in the grounds of detention.

(3.) It is also stated in the grounds of detention that representative sampled of the silver bars were taken under the Panchnama and sent to the Government Mint for assay purpose and that the assay report received indicated the purity thereof to be 999.2 to 999.7. It is further stated in the grounds of detention that 95 silver bars each weighing 28.400kgs. to 34.500 ks. had been tested by experienced gold dealers who opined that the purity of the silver bars is 999 touch.