KANJI SHAMJI PANJARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is detained in pursuance of the detention order dated 21-5-1990 passed by the Joint Secretary to the Government of India Ministry of Finance Department of Revenue (Shri Mahendra Prasad) under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling. Activities Act on his being satisfied with respect to the petitioner that with a view to preventing the petitioner from abetting the smuggling of goods it is necessary to detain him. The order of detention was served on the petitioner on 30-5-1990. The grounds of detention dated 21-5-1990 were also served on the petitioner on 30-5-1990.

(2.) On perusal of the grounds it appears that petitioner is the owner of a boat known as Umiyawati bearing registration No. PBR 394 Information was received by the Customs Office on 24 that one fishing boat bearing registration No. PBR 399 carrying contraband silver in huge quantity was lying opposite the godown of old jatty in Porbandar Port area. A team of Porbandar Customs Officers rushed to the port area and started search operation to locate the said boat. After intensive search the boat was located in abandoned condition. The boat was thoroughly searched in the presence of two independent panchas which resulted in recovery of 196 silver slabs having foreign markings from the hatches of the boat Said silver slabs were totally weighing 6383.456 kgs. valued at Rs 4 47 54 537/- The said silver slabs were liable to be confiscated and hence under the Panchnama dated 24 they were seized Said boat along with its tackles valued at Rs 5 lacs was also placed under seizure by the Customs Officer on 25-1-1990

(3.) The statement of the petitioner was recorded on 24 wherein the petitioner has inter alia admitted that he was the ownercum-tindel of the said Boat No. PBR 899; that he got the said boat around last Diwali; that he got the boat registered with the Port Authorities got valid fishing pass from the Customs House Porbandar. It is further stated in the said statement under Section 188 of the Customs Act that after 15 one Mamad Machhiyara came to Porbandar to see him and said Mamad asked the petitioner to utilise his boat Umiyavati for crossing of contraband silver for which Mamad offered him Rs 50 0 that he agreed to do the job for which an advance of Rs 25 0 was received by him from Mamad; that on 21-1-1990 after fishing and off-loading the fish at the coast petitioner relieved other crew except two persons viz. Jivan Mavji Gohel and Rama Mandan Hodar; that the petitioner along with said two crew remained on the boat; that in the evening of 22-1-1990 Mamad of Mangrol Bara came to petitioners boat and all of them left Porbandar; that as per the direction of Mamad the petitioner and offices sailed towards Navadra in the night of 22-1-1990 and halted a fathom water opposite to Navadra light house and lighted two lamps on his boat; that in the night of 23-1-1990 one Pakistani boat with tow lamps came near to his boat; that at that time Mamad shouted Akbar - Akbar and in reponse to which a person from Pakistani boat shouted Mamad - Mamad and Pakistani boat came along side of his boat; that Mamad had a talk with the person in Pakistani boat regarding the contraband goods; that thereafter crew of the Pakistani boat off-loaded the silver slabs from their boat to the petitioners boat; that the petitioner along with other crew arranged the silver slabs into the hatch of his boat which on counting was found to be 196; that the petitioner removed the jute packing from two slabs and checked; that the silver slabs were having some marks on them; that after delivery the Pakistani boat returned and the petitioner started his boat towards Porbandar and arrived at Porbandar Port Area in the early morning of 24-1-1990; that Mamad got down from petitioners boat and went to the city to arrange for the vehicle for transportation of the silver slabs but he returned due to morning sunlight and told petitioner that he (Mamad) would come back in the night to take the delivery of the silver slabs; that the petitioner along with other two crew remained on boat waiting for Mamad; that at about 16.00 hours of 24-1-1990 the petitioner found some customs officers in the Port Area checking all fishing boarts and due to fear of being caught all the people got down from the boart and waited away from the boat keeping watch on the movements of the customs officers; that when the customs officers boarded his boat Umiyavati and recovered the silver slabs kept in the hatch of the boat all the people ran away from the place and that all of them were hinding from one place to another till 244-1990 when the customs officers caught the petitioner and other and brought to the Customs Office Porbandar. Thereafter statements of other persons were recorded.