MANJULABEN RATILAL NAVIK SMT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The detenus wife has filed this writ of habeas corpus for quashing and setting aside the detention order dated 18/03/1982 passed against Shri Ratilal Devabhai Navik residing at 14-15 Sugam Society Rander Road Surat or at village Dandi taluka Olpad district Surat under sub-sec. (1) of sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as (COFEPOSA).

(2.) The grounds of detention were also supplied on the same day i.e. on 18/03/1983 The detention order was issued for preventing the detenu from smuggling goods and transporting smuggled goods. After receipt of the report from the Advisory Board under clause (1) of sec. 8 of COFEPOSA the detention order was confirmed only for preventing him from transporting smuggled goods. The said confirmation order was passed by the State Government on 23/04/1983

(3.) As per the grounds of detention the Customs Officers received the information that vessel UMR 1477 Krishnaprasad was to leave Persian Gulf Ports in the morning of 30-7-1982 with huge consignments of contraband goods and that the goods were likely to be landed on the coast of Dandi around 5-8-1982. In spite of vigil maintained by the Customs Officers around Dandi coast the consignment of the goods landed on 5-8-1982 at early hours. When the Customs Inspectors who were patrolling on the Dandi Coast saw the vessel they boarded the said vessel and found that one Mitha Bawa Deva Ditya Soma Natha and Makan were on the board but no contraband goods were found from the said vessel. They came to know from the crew that the said vessel landed around midnight and the contraband goods were removed to the village. While the Customs Inspectors were questioning the said members of the crew the detenu reached there with some of his persons and prevailed upon the officers and did not allow them to seize the said vessel.