GOVINDBHAI DIPAJI SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Govindbhai Dipaji Soni alias Chandubhai Dipaji Soni has filed this petition for a writ, order or direction quashing and setting aside the impugned order of detention (Annexure-A) to the petition) and for a other direction of releasing the petitioner forthwith.

(2.) The detention order dated 27-9-1990 was passed by the second respondent under Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act with a view to preventing the petitioner from dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods. The petitioner was also supplied with the grounds of detention also dated 27-9-1990. From the grounds of detention the following facts can be gathered.

(3.) In pursuance of an intelligence received by the officers of the Directorate of Revenue Intelligence, Ahmedabad Unit, that one Mukesh R. Chokshi having business premises in the name and style of M/s. Shreenath Jewellers, Manekchowk, Ahmedabad was dealing in contraband foreign marked gold and that he had received 200 to 250 tolas of gold from one Chandu of Deesa (the present petitioner) and that he was proceeding with the same to Baroda side in his Car No. GJ-01-1502 on 17-7-1990, the officers of the D.R.I. Ahmedabad, along with the officers of the Income Tax Department kept surveillance on National Highway No. 8 near Dabhan on 17-7-1990. During their surveillance the officers noticed one Maruti Car No. GJ-01-1502 proceeding to Baroda which was immediately intercepted. The person who was driving the car was Mukesh R. Chokshi and the other occupant was one Jayendra C. Shah. On preliminary inquiry, Mukesh admitted that he was carrying 23 pieces of foreign marked gold in the car. Both of them were then brought to the D.R.I. Office, Ahmedabad, along with the aforesaid Maruti car for detailed inquiry.