MAHESHCHANDRA SAXENA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The 4 Petitioners in the above Petitions have prayed for Writ of habeas corpus to be issued challenging the order of detention dated 17th August, 2007 bearing numbers (i)PSA 1206/1(1)/SPL 3(A) , (ii)PSA 1206/1(2)/SPL 3(A) , (iii) PSA/ 1 (3)/SPL 3(A) and (iv) PSA 1206/1/(4)/SPL 3(A) issued by the then Principal Secretary to the Government of Maharashtra, Home Department, Mantralaya, Mumbai400 032 in respect of each of the Petitioners.

(2.) The above 4 Petitioners are stated to have been engaged in smuggling contraband goods into India. Their detention is based upon a specific act of smuggling revealed upon receipt of confidential information by the custom authorities which led to their arrest and the consequent statements made by them under Section 108 of the Customs Act, 1962.

(3.) A Huge quantity of gold jewellery weighing about 17 Kgs. , and valued at more than Rs. 1 Crore, was caught being smuggled by concealing it in household articles such as a Refrigerator which arrived as unaccompanied baggage at the Air Cargo Complex, Sahar Mumbai by FEDEX flight No.FX5034 on 17.11.2005. The unaccompanied baggage arrived under the name of one Sarwar Husain Sagir Husain, who held Indian Passport No.A5942380. The Petitioner Vivek Dutta was identified as the person who came to clear the consignment. He was intercepted by the DRI Officers. Documents being 2 cargo delivery orders, 2 Airway bills, one authority letter from Sawar Hussain in his favour and the Passport of Sawar Hussain came to be impounded. He disclosed that he was directed to clear the consignment by Petitioner Sanjay Nair. The consignment containing inter alia the Refrigerator with 17.059 Kgs. , of gold concealed in the door and other internal compartments, Soni Television and a long Clock and another consignment containing cordless phones and answering machines came to be seized. The statement of Vivek Dutta was recorded which showed he is operating as a freelance custom clearing agent under CHA license of M/s. Dalal & Sons (CHA No.11/497) . He stated that the Petitioner Sanjay Nair asked him to clear the goods and Petitioner Sanjay Nair as well as Petitioner Arvind Saxena made him sign the authority letter in the name of Sarwar Husain under which he had sought to clear the consignments from 17.11.2005. He was paid Rs.25,000/by Sanjay Nair for clearing the consignment. He stated about the amounts he was paid for clearing the consignments on earlier occasions.