HARDAS NARANBHAI VASRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in both these petitions have challenged the orders, both dated 25-2-1994, passed under Sub-sec. (1) of Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, passed by the Additional Chief Secretary to the Government of Gujarat, Home Department-respondent No. 2, detaining Laxman Hardas Vasra, son of petitioner in Special Civil Application No. 9914 of 1995 and Markhi Punja Gar, brother of petitioner in Special Civil Application No. 9917 of 1995. Since both the detenus are detained by orders dated 25/02/1994 and the allegations levelled against them are the same with respect to the common incident, both the petitions are disposed of by this common judgment.

(2.) In the grounds of detention supplied to the detenus, it is alleged that on the night of 6-2-1993, the police officers of Porbandar intercepted some trucks near Gosabare bridge and on being challenged by the police officers, firing was resorted to by the persons of the truck and counter firing was also made by the police and in the confusion two trucks managed to escape. The police, however, were successful in intercepting truck No. GTX- 2249 and the aforesaid two detenus of these petitions were apprehended on the spot and others ran away. An alert was sounded by the police which resulted in the interception of one truck bearing registration No. MWT-8249 by the Kutiyana police on the Rajkot-Junagadh road with three persons viz Daud Sidik Shaikh, Ibrahim Jabbarkhan and Abdul Rashid Valimohmed Ansari. Detailed search of the truck resulted in the recovery of 71 silver slabs weighing 2492.475 Kgs. valued at Rs. 1,67,62,872.00.

(3.) During the course of interrogation of Daud Sidik Shaikh, Ibrahim Jabbarkhan and Daud Rashid Valimohmed by the police, they admitted that the contraband goods under seizure i.e. silver slabs were transported by them in truck No. MWT-8249 and they also disclosed that the said goods were shifted from truck No. GTX-2249. They also disclosed that some of the contraband goods were shifted in truck No. MH-04-P-135. On the basis of the said information, the said truck was also intercepted at Borsad on 7- 2-93 alongwith two persons namely Amirali Sadruddin Bardai and Ali Asgar Saifuddin Indorwala. On making search of the said truck, there was recovery of 70 silver slabs weighing 2472.009 Kgs. valued at Rs. 1,66,11,900.00. Thus, in all 141 silver slabs totally weighing 4964.484 kgs. and valued at Rs. 3,33,74,772.00 recovered by the police authority were handed over to the Customs Authority which were subsequently seized by the Customs Authority under the Customs Act, 1962, under proper panchnama.