BHAVESH KANTILAL JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE brother of the detenu- Lalit Kantilal Jain has filed this criminal writ petition challenging the order of detention dated 9-6-1997 issued by the respondent No. 2- Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and Detaining Authority, Home Department (Special), Mantralaya, Mumbai, in exercise of the powers conferred on him under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) (for short, hereinafter, COFEPOSA Act ).

(2.) THE detenu was served with grounds of detention on 9-6-1997, a copy of which is annexed at Annexure "bill to the writ petition. It emerges from the grounds of detention that the detenu met one Mukesh Jain having his office at Room No. 12 at 40/42 Modi Street, above Vinod Lunch Home, Fort, Mumbai and offered him a job at Mumbai since August, 1996. The detenu took job with said Mukesh on salary of Rs. 2,000/ -. On instructions of Mukesh detenu used to wait on the ground floor of the building, in which Mukeshs office was situated. One Raju Jain was also employed with said Mukesh. Both, Raju Jain and Detenu used to remain on the ground floor. Detenu knew that Mukesh was dealing in smuggled gold and foreign currencies.

(3.) IT further reveals that on 28-9-1996 at about 7. 30 p. m. Raju Jain and detenu were called by Mukesh to his office room and they were instructed to go to the shop of Royal Gems situated at 296, Shahid Bhagat Singh Marg, Opposite Vijaya Bank, Fort Mumbai to take delivery of packets containing gold. They were instructed to wait outside the building for Mukesh after collecting gold. Accordingly, on 28-9-1996 at about 8 p. m. detenu and his companion both reached shop of M/s Royal Gems. In the shop two foreign ladies, one fat and another thin, were present. One person, Sitaram was also present in the shop. Sitaram gave two packets, each, containing gold to Raju and the detenu. They concealed those packets on the waist. After collecting the packets detenu and his companion came out from the building and were waiting near the building for Mukesh. No bill or customs duty receipt was given with the said gold.