HIRALAL SOMABHAI DAMANIA Vs. GOPAL SINGH

JUDGEMENT

(1.) THE petitioner, a nonresident Indian citizen staying at Dubai, challenges by this writ petition the Detention Order dt. 14th Feb. , 1986 issued by the first respondent under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, ('cofeposa' Act for short ).

(2.) THE facts that led to the issuance of the said Order need not be stated in detail. Suffices to say that a landing of contraband gold took place on Aug. 8, 1985 and August 29, 1985 at Daman and 250 gold lagadies were recovered by the Customs Authorities. Investigation was initiated by the said authorities and it appears that as a result thereof, it was found that one Ramji Sukar Tandel, one Bhula Bhagwan Tandel, one Kasamali Gulam Rasul and one Babu Sama and the petitioner were involved in the smuggling of the said gold. Accordingly, the first respondent issued orders of Detention on Feb. 2, 1986 against the aforesaid persons under S. 3 (1) of the COFEPOSA Act. Writ Petitions challenging the respective Orders of Detention were filed before this Court on behalf of Ramji Tandel, Bhula Tandel and Kasamali Rasul. The said Writ Petitions were admitted and registered, respectively, under Nos. 7, 6 and 8 all of 1986. By judgement dt. April 28, 1986, the Division Bench of this Court quashed the aforesaid Orders of Detention on the ground that relevant and material documents were not placed before the Detaining Authority and, therefore, the subjective satisfaction of the said authority while issuing the Detention Orders was vitiated.

(3.) AS regards Babu Soma, his case came before the Advisory Board and the Order of Detention issued against him was revoked on the basis of the report of the Advisory Board.