ANDREY KOLOTUKHIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned counsel. Since the facts and contentions are common to both the petitions they are disposed of by common judgment.

(2.) THE two detenues who are Russian citizens, claim to have been employed aboard Russian ship "Novikov Priboy". Andrey, the detenu in Writ Petition No.232 claims to have been employed as First Officer whereas Aleksandr, the detenu in Writ Petition No.233 claims to have been employed as a Radio Officer aboard the said ship. They have been detained under the orders dated 3rd April 1996 issued by the Principal Secretary, Government of Maharashtra, Home Department (Preventive Detention), who is the Detaining Authority. In exercise of his powers under Sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (For short 'COFEPOSA') the orders of detention have been issued on 3rd April 1996 with a view to preventing the detenues from smuggling goods.

(3.) ON the basis of intelligence, Officers of the Directorate of Revenue Intelligence (for short 'DRI') had kept discreet surveillance on the crew members of vessel Novikov Priboy berthed at Zole Station, Mumbai Port Trust on 1st March 1996. In the evening of 1st March 1996, the two detenues disembarked from the said vessel. They reached the Newyork Restaurant on Pandita Ramabai Marg. Ten minutes later another person viz. Patiram Bariar Yadav who was the detenu in Criminal Writ Petition No.494 of 1996 before the Aurangabad Bench, joined the present detenues and after a brief talk, all of them engaged a taxi and proceeded towards Grant Road. At the junction of Jagannath Shankar Seth Chowk (Nana Chowk) the DRI Officers intercepted the said taxi with the help of the mobile van stationed nearby at about 22.00 hours on 1st March 1996. All the three were searched and certain gold bars were recovered from them. From detenu Andrey, 95 gold bars were recovered and from detenu Aleksandr, 93 gold bars were recovered. Thus 188 gold bars were recovered from them under a Panchanama dated 1st/2nd March 1996 having a total weight of 1880 tolas, valued at Rs.1,16,09,000 at the local market value. They were seized by the DRI in the reasonable belief of being smuggled into India and hence liable for confiscation under the provisions of Customs Act, 1962.