PRADEEPKUMAR VANRAVANDAS GOSALIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner is the brother-in-law of the detenu Haresh Champaklal Harde, hereinafter referred to as "the detenu". By this petition, the detenu has challenged the order dt. Feb. 20, 1984, passed by the respondent 1 with a view to preventing him from smuggling goods, under sub-sec. (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order was served on the same day and the grounds of detention were also simultaneously formulated and supplied on the same day. The report under S. 3(2) was sent to the Central Government on Feb. 24, 1984. The respondent No. 1 referred the case to the Advisory Board on Mar. 23, 1984. The detenu made representation on April 16, 1984, which came to be rejected on April 26, 1984. The impugned order was confirmed on April 27, 1984 and the same was communicated on April 30, 1984. The incident which gave rise to the impugned order is dt. 20th Dec. 1983 when the Customs Officers of Air Intelligence Unit, Sahar Airport, Bombay, on suspicion, intercepted in the Departure Hall, one passenger by name Rashmikant Narottamdas Ghaghda, who was holding Indian Passport No. N-059056 issued at Ahmedabad on July 4, 1978 and was in possession of one return Quantas airways ticket No. 0814202871701 issued in his name showing routing Bombay-Singapore-Bombay and bearing one checked-in-baggage tag No. SIN-197811. When Ghaghda was questioned by the Customs Officers whether he was having anything like gold, jewellry, diamond, currency or drugs either in his baggage or on his person, he replied in the negative. Thereafter, his baggage was searched in the presence of panchas and in all 42 travellers cheques of U.S. dollars 100 each, amounting to U.S. dollars 4200 and equivalent to Indian Rs. 43,470/-, were recovered and the same were seized by the Customs Officers under a panchanama dt. Dec. 20, 1983, in the reasonable belief that they were being smuggled out of India and hence liable for confiscation under the provisions of the Customs Act.

(2.) The statement of Rashmikant Narottamdas Ghaghada was recorded under S. 108 of the Customs Act on Dec. 20, 1983 wherein he, inter alia, stated that film rolls, from which travellers cheques were recovered were given to him by the detenu Haresh Champaklal Harde, residing at 37, Abdul Rehman Street, Bombay. In pursuance of these statements, the residential premises of the detenu were searched on Dec. 20, 1983. During the course of search of the said premises, the Customs Officers recovered 4 travellers cheques of U.S. dollars 500 each, 4 travellers cheques of U.S. dollars 100 each issued by the CITI Corp., New York, United States of America and 3 Singapore currency notes of 100 Singapore dollars and 3 notes of 50 Singapore dollars. In all the Customs Officers recovered blank 8 travellers cheques worth U.S. dollars 2400 and Singapore currency notes worth 450 Singapore dollars. All the above travellers cheques and Singapore dollars were seized by the Customs Officers under a panchanama dt. Dec. 20, 1983 under the reasonable belief that they were smuggled into India and hence liable for confiscation under the provisions of the Customs Act.

(3.) Though several grounds have been raised and pressed by Mr. Karmali and some of them do raise substantial question of law, we do not think it necessary to discuss them since, in our view, the petition can be disposed of on the challenge raised by him in grounds Nos. (i) and (iv) of para 6 of the petition, which read thus :