BORICHA VALABHAI NATHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition from jail under Arts. 20 21 and 22 of the Constitution of India challenging the detention order dated 4-12-1986 passed against him by the Additional Chief Secretary Government of Gujarat Home Department with a view to preventing the petitioner from engaging in concealing smuggled goods. The said order was passed under sec. 3(1) of the COFEPOSA Act. The grounds of detention were also supplied to the petitioner on the same day.

(2.) On perusal of the grounds it is evident that as a result of search there was recovery of 97 slabs of silver which were found concealed below the tiles in Kundi No. 5. The said slabs of silver were weighing 3 101.925 Kgs. and valued in aggregate at Rs. 1 23 45 661 The said search was made on 28/07/1986 It was also evident from the statement of the petitioner which was recorded on 5-8-1986 that he was known as Valabhai; that they had constructed six shops near their house at Morvi; that out of the said six shops one was a hotel which was known as Valabhais Hotel; that the name of the Hotel was Yadunandan; that he had purchased one truck and its number was GRP 4137 that he had sold the said truck to one Siddik Suleman but since the loan was outstanding the name of the owner had not been transferred with the R.T.O. It is also evident from his said statement that one Vasan Visa Mata had introduced Mohmed Kutchhi to the petitioner; that one Karim Abdulla had also told to the petitioner to help Mohmed Kutchhi in his smuggling activity; that Vasanbhai had instructed the petitioner to reach the Sunrise Tiles factory at night and accordingly he left his house at 22.00 hrs and that the petitioner helped him in concealing silver in one of the Kundies in the said factory and thus the petitioner has been concealing smuggled goods. After taking into consideration the various relevant factors from the materials the detaining authority reached the subjective satisfaction looking to the petitioners involvement in the incident and felt that if the petitioner is not prevented he would continue his nefarious activity and cause harm to the nation in future and his detention under COFEPOSA Act is the only remedy at this stage to prevent the petitioner from indulging in prejudicial activity of the like nature.

(3.) The petitioner in his petition has pointed out the facts to the effect that while searching the factory of Sunrise Tiles Private Limited on 27th/ 28/07/1986 97 slabs of silver were seized. On 4-8-1986 the respondents Nos. 2 and 3 had come to Morvi and searched the petitioners house but nothing objectionable was found. However the petitioner was asked that his statement was to be recorded at Jamnagar and therefore he was asked to accompany them The petitioner was kept in DRIs office from 4-8-1986 to 9-8-1986 and he was produced before the learned Chief Judicial Magistrate at Jamnagar at 5-30 p. m. on 9-8-1986. He has further pointed out that he had made an application for bail on 13-8-1986 which was rejected by the learned Chief Judicial Magistrate and that thereafter he had made another application for bail before the learned Sessions Judge Jamnagar and that application was also rejected on 5-9-1986. According to the petitioner after sixty days as no chargesheet was filed against him he made further bail application and he was ordered to be released on bail on 30-10-1986. However the opponents in the said bail application preferred a revision application in this Court and in the said revision application the petitioner was ordered to be in custody from 22-11-1986 and he is in Jail from that date. The order of detention was also served on him in jail.