VIPUL DILIPBHSI DORDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Habeas Corpus petition is filed by one Vipul Dilipbhai Daroda, the brother in law of the detenu : Ashok Kumar Himmatlal Dhakan, who has been detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974 (hereinafter referred to as the "Act", for the sake of brevity), in pursuance of a detention order dated 5th September 2007, executed on 19th December, 2007.

(2.) The aforesaid detention order in issue has been challenged only on one ground, viz. the delay caused by the detaining authority in issuing the detention order. Before dealing with this sole ground of attack, we may in short state the grounds of detention hereunder, as set out by the detaining authority.

(3.) Acting on a specific information that the detenu will smuggle in polished diamonds and jewelery in India, while traveling from Hongkong to Mumbai by a flight scheduled to arrive on 9th February, 2007 at Mumbai, the Officers from the Director of Revenue Intelligence apprehended the detenu near the exit gate of the airport at Mumbai. On interrogation the detenue admitted that he was carrying diamonds in polypouches which were concealed in the Radio Cassette Recorder brought by the detenue in his baggage and also some jewelery kept in the strolley bags of the detenu.