KURJIBHAI DHANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Kurjibhai Dhanjibhai Patel has filed this petition praying for a Writ in the nature of Habeas Corpus to get his brother Jivanbhai Dhanjibhai who is detained by the order passed by the Additional Secretary to the Government of India Ministry of Finance Department of Revenue New Delhi on 27-6-1984 released from detention.

(2.) Certain facts are required to be stated which ultimately led to the detention of the Detenu in question and which in its turn led to the filing of this petition.

(3.) Customs authorities carried out a raid on 23-7-1983 at the premises of the Detenu situated at 8. Kohinoor Society. Varachha Road Surat. It is a diamond cutting factory. As soon as there was a raid a shout was raised by one of the persons of the factory and every one in the factory became alert and it appears that according to the case of the Customs authorities the detenu was spotted on the first floor and he was carrying a cloth bag and he was climbing the stairs. The Detenu according to the customs authorities reached the terrace of the building and from that terrace he jumped on the adjoining building and from the terrace from adjoining building he tried to escape by climbing down but before he could make good his escape he was apprehended and the cloth bag was attached. The cloth bag contained four packets and packets contained rough diamonds weighing 820.30 carat 957.06 carat 1619.21 carat and 1497.75 carat. The total cost of those rough diamonds was estimated at Rs. 20.23.000/. Thereafter usual investigation started. The statement of the Detenu was recorded and he named several persons from Bombay who according to him gave him rough diamonds for polishing in his factory. While his statement was being recorded at the Customs office he required to go to toilet where he was allowed to go but the door of the toilet was kept open in order to keep an eye on him. He tried to destroy some papers in the toilet and therefore he was brought out and on search one paper was found from him. That paper contained an account of Rs. 75.73 564 His explanation was that this paper was in respect. of an account of his Warli Matka business. The statements of the persons at Bombay were recorded. The names and addresses were given by the Detenu and according to him those were the persons who had given him rough diamonds for polishing. One Jangad note was also attached and the persons who were questioned at Bombay in their statements gave different versions which were not in conformity with the statement of the Detenu. It is not necessary for us to go into all details as to what those persons stated. It is sufficient to say that their statements did not tally with the version of the Detenu and their statements also were not in conformity with the account books which they produced.