MEENA JAYENDRA THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the wife of the detenu Jayendra Vishnu Thakur alias Bhai Thakur. By-the present petition, she seeks a writ of habeas corpus seeking to quash the order of detention bearing No. SPL. 3 (A)/psa 0192/17 dated 5/02/1992 issued by Shri D. B. S. Sohal, the Secretary (Preventive Detention) to the Government of Maharashtra Home Department (Special), Mantralaya, Bombay-400032 issued under Section 3 (1) of the Conservation of Foreign Ex-change and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act" ). She also seeks to impugn the declaration bearing No. 9/93 of No. 675/781/92-CUS-VIII dated 15/09/1993 issued by the Central Government, Ministry of Finance Department of Revenue, New Delhi, under Section 9 (l) of the COFEPOSA Act. Lastly, she seeks to impugn the order of confirmation dated 17/11/1993. issued by the Government of Maharashtra under Section 8 (f) of the COFEPOSA Act. She also seeks an order and direction for the release of the detenu.

(2.) THE facts leading to the filing of the present petition are as follows : on 18/09/1991 the Customs Officers had kept surveillance for the vessels in the sea off Satpati and at about 19. 00 hrs. noticed one vessel moving suspiciously towards Satpati coast. On reaching near the said vessel, signals were given by the Customs Officers, to stop the vessel. As the vessel did not stop, it was chased for some distance and finally intercepted at Satpati coast. The Custom Officers found eight persons on board the vessel. One of them identified himself as Mohammed Siddiqui, the tandel of the vessel. On enquiry he informed the name of the vessel as "al-NADEM". He confessed that they had a consignment of 325 silver ingots on board the vessel. He showed the Customs Officers the place of. storage of the consignment of silver ingots packed in gunny bags. On further enquiry Mohammed Siddique informed that on 11/09/1991 they had assembled at Dibba Port in Dubai along with seven other persons who were found- on the board the vessel 'alnadem'. The consignment of 325 silver ingots packed in gunny bags, was then loaded in the vessel and the vessel left Dibba Port in Dubai at about 18. 00 hrs. Eight persons found on the vessel were :-1. Mohammed Siddiqui. 2. Michael Ignatious Patil. 3. Narayan Chaniya Tandel. 4. Raichand Jairam Patel. 5. Rameshbhai Chibubhai Patel. 6. Bawla Noor Mohammed. 7. Abdul Karim Juma Sangar. During the course of investigation, the consignment of silver ingots were seized in the presence of Panchas. On the vessel AL-NADEM, the communication enquipments, i. e. Satcom Communication and V. H. F. Communication and other items were also found. The total value of the silver ingots seized is Rs. 7,96,49,547/ -.

(3.) THE statements of all the eight persons found on the vessel were recorded under Section 108 of the Customs Act, on 19/09/1991, 20th September, 1991, 21st St September, 1991, 22nd Sd September, 1991, and 4t 4/10/1991. The statements of these persons reveal that Michael Patil had gone to Dubai in 1988 when he came in contact with one Abid Juroma who gave him a job of Khalasi on his boat. ln 1989 he (i. e. Michael Patil) was involved in smuggling of 155 Silver ingots into India by boat for which he was detained under COFEPOSA Act upto August, 1990. Later, he again went to Diwala Port Dubai in May, 1991 when he was engaged by Abid Jumma and Karim Shah (who was Dawood Ibrahim's man ). Michael Patil had met Dawood Ibrahim in his office at Dubai and he was instructed by Dawood Ibrahim to deliver 325 Silver ingots to the detenu at Arnala after contacting him over the telephone for smuggling the same on the vessel 'al-NADEM' into India. While on his voyage to Arnala and Satpati bunder, he was keeping continuous contact with Dawood Ibrahim in Dubai over Satcom communication fitted in the vessel. Michael Patil had talked with Dawood Ibrahim as also with the detenu through the wireless communication fitted on the vessel. While the vessel was nearing Bombay Michael Patil contacted the detenu on the VHF set and informed him about his arrival and that he was waiting for his signal. The detenu asked Michael to proceed towards light house whereafter he would give further instructions in regard to landing and thus deliver the silver ingots to the detenu under instructions of Dawood Ibrahim. At that time they were intercepted by the Customs Officers and 325 Silver ingots were seized.