SIDIQ HAJI ISMAIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has been detained on 3/03/1988 pursuant to the order of detention dated 17/02/1987 passed under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (for short the Act) with a view to preventing him from abetting the smuggling of goods.

(2.) It is disclosed from the grounds of detention that the petitioner detenu was in contact with one Gurumukhsingh who was the owner of tanker bearing Registration No. MWF 4137. The said Gurumukhsingh had told his driver Amriksingh Harnamsingh that he had shown the tanker to the detenu and to identify the tanker as well as the driver when driver Amriksingh reaches at Rajkot. Driver Amriksingh and Kuldipsingh Baldevsingh Sohata cleaner of the tanker had reached Rajkot on 21/12/1986 There the detenu contacted the driver and took the same tanker to Union the same day i.e. on 21/12/1986 The detenu asked the driver to go to Junagadh and wait for him. Thereafter the detenu went to Salaya and met Haji Haji Ismail (who is a well-known smuggler as disclosed in the grounds of detention and who is the brother of the detenu as stated by the detenu before the Advisory Board. This is evident from the record of the Advisory Board which has been shown to us at the time of hearing of this petition). Thereafter on Dece 22/12/1986 in company with the said Haji Haji Ismail and others the detenu went to Una in truck No. GRP 5213. Thereafter the detenu had taken the aforesaid tanker MWF 4137 near the coast of village Chhara on the night of 25/12/1986 At the coast of village Chhara the detenu along with Haji Haji Ismail contacted over walkie-talkie the mother vessel which was bringing contraband goods. Then the detenu had helped in landing of packages of contraband goods on the sea coast and later on transhipping the same in tanker No. MWF 4137 and truck No. GRP 5213. Thereafter the tanker was being taken to Dahisar Naka as per the instruction given by the detenu. When the tanker was taken towards Una on way near village Simasi signals of torch were seen and ultimately the tanker was intercepted in the outskirts of village Nathad. At the time when the tanker was intercepted it was being driven by Amriksingh Harnamsingh Gill. Kuldipsingh Baldevsingh Sohata and Vilayathussain Bada Saheb Nakvi were also there in the tanker. On examination 50 packages of silver and 49 packages of wrist watches etc. were found from the three compartments of the tanker. The aforesaid 50 packages of silver contained 50 slabs of silver weighing 1539-605 kgs. valued at Rs. 66 97 281 and 49 packages of wrist watches contained wrist watches and zip fasteners of foreign origin valued at Rs. 47 59 370 The total value of the contraband articles was Rs. 1 14 56 651 The aforesaid goods were seized by the officers of the Customs Department under the reasonable belief that the same were smuggled goods liable to confiscation under the provisions of Customs Act 1962

(3.) After the statements were recorded and the investigation was made proposal to detain the petitioner and other persons was made and ultimately order of detention was passed on 17/02/1987 Some of the persons against whom the orders were passed were detained immediately and some of them are still absconding The petitioner detenu surrendered himself on 3/03/1988 and on that date he was served with the order of detention and he was detained pursuant to the aforesaid order.