AMAD HASAN SANGHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution the petitioner who has been preventively detained pursuant to the order passed by the Deputy Secretary Home Department Government of Gujarat under sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (COFEPOSA for short) has challenged the said order and has prayed for suitable writ order or direction against the respondents for setting him at liberty. The impugned order at Annexure A dated 16-10-1985 recites that the Government of Gujarat is satisfied with respect to the petitioner that with a view to preventing the detenu from abetting of smuggling of goods it is necessary to preventively detain the petitioner. The grounds of detention of even date have alleged how the petitioner alongwith others has indulged in the alleged act of smuggling and in abetting the same. The smuggled goods comprised of 18 tins consisting of 18000 wrist watches valued at Rs. 54 0 0 They were alleged to have been smuggled into Indian territorial waters of Gujarat through vessel Rehmani. The Department alleges that in the said vessel these contraband goods were smuggled in Indian waters round about 22 hrs. on 21 near western coast. Respondent No. 2 has also issued a declaration under sec. 9(1) of the COFEPOSA on 3-4-1986 declaring that the authority is satisfied that the petitioner is likely to abet the smuggling of goods into the coast of Gujarat which is an area highly vulnerable to smuggling as defined in Explanation 1 to sec. 9(1) of the COFEPOSA. The said declaration is also brought in challenge in the present petition. ... ... ... ... ... ... ...

(2.) Various Contentions have been raised in the petition for challenging the impugned order. Mr. M. T. Parmar Under Secretary Home Department (Special) Sachivalaya Gandhinagar has filed his affidavit-in-reply dated 28-7-1986. Mr. M. L. Wadhwan Additional Secretary to the Government of India has also filed affidavit-in-reply dated 24-7-1986 on behalf of respondent No. 2-Union Government. It was filed in the present proceedings on 30-7-1985.

(3.) Thakkar learned Advocate appearing for the petitioner raised the following contentions in support of the petition: