TEJPAL K. MANDOT Vs. THE ASSTT. SECRETARY, GOVT. OF MAHARASHTRA, HOME DEPTT. (SPL.), MANTRALAYA, BOMBAY AND OTHERS

JUDGEMENT

(1.) BY this Habeas Corpus petition, the detenu -petitioner is challenging his detention dated 19 -12 -1981 under section 3 (1) of the COFEPOSA ACT.

(2.) THE substance of the ground of detention is as under: On 30 -7 -1981, the Directorate of Revenue Intelligence, Bombay Zonal Unit, received secret information that one Tejpal K. Mandot, from Fort Market is receiving and disposing of smuggled goods. He owns Mahalakshmi Stores, 283, Frari Road, Fort Market, Bombay. He keeps the smuggled gold at two places (1) M/s Mahalakshmi Stores 283, Frari Road, Fort and (2) 151 Bazargate Street, 2nd floor, room No. 20 having telephone No. 260490. The gold is taken to Zaveri Bazar by his two carriers viz. Narayan and Babulal on Scooter No. DEG -1856. This information was passed on to the Collector of Customs. On that very day, for taking suitable action pursuant to this information, the Officers of the Customs, accompanied by the Officers of D. R. J. Bombay, searched the premises of M/s Mahalakshmi Stores in the presence of independent panch witnesses. During the course of search two persons namely the petitioner and one Narainlal Pannalal Lakhara were present in the said shop. The search resulted in the finding of Indian Currency amounting to Rs. 54,933 and foreign currency of various countries (8000 French Francs, 250 sterling pounds, 804 U. S. dollars and I Bahrain Dinar). The Officers also recovered four paper packets which were found to contain 40 gold bars of 10 tolas each, each bearing foreign markings, which were collectively valued at Rs. 7,66,000 at the local market rate. All the above said Indian Currency, textiles (valued at Rs. 600) and the 40 bars of gold were seized under the provisions of Customs Act, 1962. The foreign currency was seized under a separate panchnama. The scooter parked in front of the shop which was used for transporting smuggled gold was also seized. The officers also searched the residential premises at 275 Bazargate Street, 3rd floor, Bombay and seized some documents as relevant for conducting further enquiry. The officers also searched the premises situated at 151, Room No. 20, 2nd floor, Bazargate street, with NIL result. From the statement of the detenu recorded under section 108, Customs Act it was revealed that one Hanif s/o K. Hussain was concerned in the supply of gold bars and as such the officers also searched the residential premises of Hanif, situated at room No. 38, 3rd floor, Contractor Building 12/14, Karwar Street, Bombay, but nothing incriminating was found. The detenu had also stated that the gold belonged to said Hanif and he used to sell the same on commission of Rs. 50 on each bar. Supply of gold was made by Hanif through one person whose name he did not know. Hanif gave his telephone No. 265707 and the detenu had talked with Hanif on three or four occasions. On 30 -7 -1981, at about; 1 p.m., the said person came to the shop and delivered the gold in a rexin bag, which was kept in a wooden cupboard which was locked up. The Indian Currency of Rs. 40,000 recovered from the premises was the sale proceeds of the gold.

(3.) HAVING been satisfied on the aforesaid material that it was necessary to detain the detenu, the order has been passed the legality of which is challenged on the following five points before us: