MUNNALAL PRABHUDAS SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two Special Criminal Applications for habeas corpus under Article 226 of the Constitution of India the common question which requires decision is whether the cause of action wholly or in part has arisen within the territorial jurisdiction of this Court.

(2.) By order dated 3/05/1985 Hasmukh Prabhudas Sharma and Amrutlal Soni alias Mama s/o Late Devdanbhai were detained under sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 hereinafter referred to as COFEPOSA Act by the Joint Secretary to the Government of India Ministry of Finance New Delhi. On behalf of Hasmukh Prabhudas Sharma his brother Munnalal Prabhudas Sharma has filled Special Criminal Application No. 497 of 1985. On behalf of Amrutlal Soni his wife Manjulaben has fixed Special Criminal Application No. 498 of 1985. The grounds of detention are annexed to the petitions an Ex. B.

(3.) As per the grounds of detention officers of Directorate of Revenue Intelligence at Ahmedabad received an information to the effect that Haji Ashraf a kingpin of the London-Dubai based smuggling syndicate was likely to deliver a huge quantity of told to Amrutlal Devdan Jhala alias Amrutlal Devdan Soni alias Mama of Shahibagh Ahmedabad on 27/04/1985 at Delhi. One of Haji Ashrafs trusted men named Kishan was to contact one H. P. Shah who was Mamas most trusted hand on telephone Nos. 2524703 or 2515013 of Delhi. The vehicle was to be driven by Hasmukh Prabhudas Shah and Chandulal Modi known as K P. These two persons had already made several trips to Delhi for lifting gold on behalf of Mama as per Intelligence report. Surveillance was kept at Swaminarayan Guest House at Delhi and it was found that Amrutlal Soni and H. P. Shah stayed upto 1/05/1985 At about 2.15 p.m. on 1-5-85 at Kapas-hera Police Post on Gurgaon Road the officers of the Directorate of Revenue Intelligence intercepted new Fiat Car (No. GUF-17) in which Amrutlal Soni and H. P. Shah were sitting for question ing them and also for search of the vehicle. On examination 295 gold biscuits of 10 tolas each with foreign markings were recovered in two bags concealed beneath the front seat of the car in the presence of panchas. Under sec. 110 of the Customs Act 1962 the Custom authorities seized gold biscuits weighing 2890 tolas Indian currency of Rs. 39 500 along with the Fiat Car and some other documents recovered from the person and possession of Amrutlal Soni and H. P. Shah. The gold in question was got assayed and was found to be of 24 carat purity.