NARESH KUMAR DINKARRAI DHORDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By an order dated 12th of October 1983 passed by the Government of Maharashtra one Nareshkumar Dinkarrai Dhorda, who is the petitioner before us, was ordered to be detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities, Act, 1974, hereinafter referred to as the TTCOFEPOSA Act. The grounds of detention, which formed the basis of that order of detention, were formulated on the same day. Neither the order of detention nor the grounds of detention could be served upon the petitioner till 4th of July 1984. On the last mentioned date it was done and the petitioner was taken into custody,

(2.) The order of detention mentions that it was necessary to prevent the petitioner from abetting the smuggling of goods and, therefore, in exercise of the powers conferred under sub-section (1) of Section 3 of the COFEPOSA Act the Government was pleased to direct that he be detained under the said Act. The grounds of detention mention the basic facts on which the necessary inference that the petitioner was indulging in prejudicial activities such as smuggling or the abetment of smuggling was drawn and that it was thought necessary to detain him to prevent him from, pursuing the said prejudicial activities. In paragraph 1 of the grounds of detention it has been mentioned that pursuant to secret information received on 21st of July 1983 the officers of the Marine and Preventive Wing of the Customs Preventive Collectorate went to Mohamedali Road and noticed the petitioner whom they proceeded to apprehend. His personal search resulted in the recovery of one newspaper wrapped bundle containing 20 foreign marked gold hiscuits, totally valued at Rs. 4,14,000/-

(3.) Thereafter it has been mentioned that the petitioner made a statement under Section 108 of the Customs Act. Certain steps taken during the course of the investigation are also detailed in the grounds of detention. In paragraph 4 of the grounds of detention it has been stated, among other things, as follows: Thereafter you were escorted to Customs Office and the said packet was opened and on examination it was found to contain 20 foreign marked gold hiscuits weighing 2000 tolas. The conclusion drawn by the detaining authority contained in paragraph II of the grounds of detention is as follows:From the above it is evident that you are deeply involved in smuggling activities. Government, therefore, considers... it necessary to detain you under section. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, in order to prevent you from indulging in such prejudicial activities in future.T