PUNJA VARVA CHAWDA Vs. K.S. DILIP SINHII

JUDGEMENT

(1.) THESE two petitioners are by two different detenus, Raida Mulu and Punja Varva Chawda challenging the separate orders of their detention being Annexure -A in the respective petition and being dated 29th June, 1984 passed by the Additional Secretary to the Government of India, ordering the detention of each of the petitioner "with a view to preventing him from concealing and abetting smuggled goods." These petitions are filed by them challenging their detention.

(2.) IN order to know the background; a few facts are required to be noted. The Assistant Director of Customs had some information and he had, therefore, made arrangements for guarding the sea shore and had started patrolling at vulnerable points in Jamnagar District to restrict the movement of contraband goods, which were the subject matter of his information. While the said Assistant Director was patrolling in the suspected areas. One car was noticed lying in suspicious circumstances on a road -side about 1 k.m. away from village Zankar towards Vadinar. When the Customs Officers were about to stop their vehicles near that car to check it, the only occupant of the said car started it and tried to escape by speeding it. Ultimately the said speeding car was fired upon and its tyres gave way and it came to a halt. The inmate in the car escaped, but not before he was detected as the alleged notorious smuggler Haji Haji Ismail. The car had a walkie -talkie machine inside it and on switching on the said machine, certain words were heard. The car was seized. In the early hours of morning of 14.3.1983 a truck was noticed coming from Dabka creek side by those officers. Though signaled to stop, it did not and speeded towards Jamnagar side. After long chasing the truck was found stooped in a narrow lane of Khoja Naka at Jamnagar. Four occupants of the truck jumped out and tried to escape, but the Government vehicle reached the spot, and one of the occupants was seized and he was Ibrahim Juma Sumera. Examination of the truck revealed the presence of contraband goods like electronic goods. Synthetic fabric and other miscellaneous items all of foreign origin, valued at Rs. 13,61,690/ -. The follow up action and interrogation of these persons apprehended resulted into the recovery of 23 packages valued at Rs. 11,19,300/ - from the field of this detenu, Raida Mulu of the Special Criminal Application No. 148 of 1985. It was seized on 17.3.83. And from Punja Varva's field, in the past, some goods were found to have been concealed and ultimately removed. As far as Punja Varva is concerned, his statement spontaneously recorded by the Customs Officers itself revealed that the good were concealed in his sugarcane crop by Vikram Karna and other associates of his without his (Punja Varva's) knowledge and that he had even protested against that concealing when Vikram Kanra bad gone to his field to remove those goods in the evening of 13 -or 14.3.1983. There is no other material against this Punja Varva the detenu of special criminal application No. 149 of 1985. He is aged 22, simply because Vikram Karna had exploited the presence of his field in the same of that village it would not make him in any way perticeps criminis. So, Punja Varva deserves to be set at liberty forthwith for want of any material implicating him in the tendency to conceal smuggled goods and there is no question of any abetting of smuggled goods in his case. So, Punja Varva's case is a straightforward one.

(3.) THE result is that both these petitions, special criminal applications Nos. 148/1985 and 149/1985 are allowed. The orders of detention in both the causes are quashed and these respective detenus are directed to be released forthwith unless they are required to be detained in connection with any other lawful case or occasion. Rule is accordingly made absolute in both the petitions.