RAJINDER SINGH GABA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is a friend of one Rahul Rameshchandra Vyas. By order dated10-3-2001, issued by respondent 2 under section3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA for short), the said Rahul Rameshchandra Vyas (the detenu) was ordered to be detained with a view to preventing him, in future, from smuggling goods. THE order of detention along with grounds of detention was served on the detenu on25-9-2002 and he was detained thereunder. In the present petition there is a challenge to the said order of detention.

(2.) THE grounds of detention indicate that one Mohanlal Mishraj Purohit and Sadanand Sambhaji Rasam were intercepted and searched on29-7-2000 along with two vehicles outside the exit of parking lot of the Module I Chhatrapati Shivaji Terminus, on the basis of specific information recorded by the office of Customs (Preventive ). THE search resulted into recovery of 830 Digital Video Discs of various English movies valued at Rs. 83,000/- and 7105 assorted wrist watches valued at Rs. 9,50,575/ -. Both the vehicles were seized under panchanama. THE statements of Mohanlal Purohit and Sadanand Rasam were recorded under section108 of the Customs Act.

(3.) HARBANS Singh alias Harjeev Singh Gaba in his statement admitted that on29-7-2000 he had accompanied the detenu and Sanjay from Hongkong to Mumbai; that at Hongkong Sanjay and the detenu purchased the watches and DVDs; that Mohanlal and Rasam had asked him to buy watches and DVDs and the payment for the same was to be made at Mumbai by them; that Sanjay and he had purchased watches and DVDs using his own savings as he was working in Hongkong and that he was promised by Mohanlal Purohit and Rasam that they will pay him for his role in the transaction.