JEEVAN G TANDEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of detention dated 5/04/1993, which is passed by the Additional Chief Secretary to Government of Gujarat, Home Department, in exercise of powers conferred on him by sub-sec. (1) of Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("the Act" for short) against the petitioner with a view to preventing him from smuggling the goods, is subject-matter of challenge in the present petition which is filed under Art. 226 of the Constitution.

(2.) Though the order of detention was passed on 5/04/1993, it could be executed on 24/11/1993. The competent authority issued Declaration No. 19 of 1993 under Sec. 9(1) of the Act, as it was satisfied that the detenu was likely to smuggle goods into Indian Customs Waters contiguous to the State of Gujarat. Before that, the State Government had forwarded report in respect of detention order to the Central Government on 6/04/1993 as required by Sec. 3(2) of the Act. The State Government, within five weeks from the date of detention of the detenu, made reference to the Advisory Board as required by Sec. 8(b) of the Act. The Advisory Board, after considering the materials placed before it, prepared its report specifying its opinion that there was sufficient cause for detention of the detenu. After receipt of the report from the Advisory Board, State Goverment confirmed the detention order on 18/05/1993 and has continued the detention of the detenu.

(3.) From the grounds of detention, it is apparent that on the basis of information, Sea Patrolling was arranged by the Customs Officers of Bulsar Division. They noticed one Vessel moving suspiciously between Daman and Kalai. Officers of the Customs chased the said Vessel and Vessel was given signal to stop, but it did not stop. The officers, therefore, resorted to firing and finally intercepted the Vessel. On interrogation of crew members on the Vessel, it was revealed that Vessel had started from Khorfkhan on 1/03/1992 with silver and gold which were to be unloaded at Daman. It was also revealed that they had given delivery of the said goods to the persons who came in a boat bearing No. MFV-Labh-Sawai-UMR-1106. The intercepted Vessel Parvati Devi was then brought to Valsad Jetty for thorough rummaging, but nothing incriminating was found. The crew members who were found on board the Vessel were : (1) Bachla Lallu, (2) Mahesh Kalan, (3) Chhanu Hari, (4) Amrit Daji, and (5) Ramji Kalan.