LAWS(BOM)-1989-2-6

PRABHAKAR MAHADEO Vs. STATE OF GOA

Decided On February 21, 1989
PRABHAKAR MAHADEO Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) THIS is a habeas corpus petition for quashing and setting aside an order of detention bearing No. 14/11/88hd (G) dated 25th November, 1988 where under Mangaldas Gajanan Kanekar has been taken under detention in the exercise of the powers by the State Government under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from abetting the smuggling of goods, The, petition has been instituted by Prabhakar Mahadeo Pokale styling himself as a friend of the detenu Mangaldas Kanekar on the averment that he is interested in the life, welfare and personal liberty of the detenu.

(2.) THE detention order dated 25th November, 1988 was served on the detenu pari passu with the grounds of detention by the requirement of Article 22 (5) of the Constitution of India on 2nd December, 1988 and the detenu is in detention since that day at Central Jail at, Aguada. The grounds, Annexure-'b' to the Petition mention that sometime in mid-August, 1988 one Gulam Hussain Shaikh, alias, Gulam Hussein Chougule alias Baba was contacted at his residence at Bandra by one unknown person claiming to be driver of one Mr. Haji Ahmed alias Babubhai, a Pakistani National that he sould contact said Mr. Haji Ahmed. Accordingly a meeting took place at Preetam Hotel, Dadar, Bombay on the following day; that aforementioned Haji Ahmed solicited the services of Gulam Hussain Chougle for the purposes of handling the landing of smuggled goods on the West Coast of India. Said Chougle sought a week's time to give a positive answer in the matter and sometime thereafter contacted the detenu at Banda, a village in Maharashtra on the northern border of Goa and discussed with him the prospect of a landing; that the detenu agreed to make suitable arrangements for the landing of contraband goods and met said Gulam Hussain Chowgle on or about 23rd September, 1988. Once the arrangements were made said Gulam Hussain Chougule met aforementioned Haji Ahmed who accordingly arranged for consignment of the contraband to be landed in the month of October, 1988, Mr. Gulam Hussain Chougule was to be paid Rs. 1 lakh towards expense for landing arrangements and sum of Rs. 50,000/- as and by way of premium to the said Gulam Hussain Chougule. In the meantime Gulam Hussain Chougule made contact with some other persons like Ali Ummar Surya and one Sawant who came down to Goa on 2nd October, 1988 where a meeting took place between them and detenu at Sandya Bar at Mapusa. As previously arranged Gulam Hussain contacted Srirang Fadte who is the owner of fishing trawler by name F. T. Gramdevi Navdurga near Certalim Petrol Pump and after money changing hands said Gulam Hussain Chougule and Ali Umar Surya took the fishing trawler manned by six crew members. The tindel Vishnudas Datta Sawant was instructed by Fadte to follow the instructions of Gulam Hussain Chougule as a result the fishing trawler came on the high seas opposite Aguada Light House by the evening of 4th October, 1988. This fishing trawler was engaged with a view to contact the incoming Arab dhow which was expected to unload contraband goods and receive therein, but before anything more happened it was intercepted by Customs patrol Craft pursuant to some secret information. The party was apprehended and were taken over to the Customs Patrol Craft. In the meantime however a Coast Guard vessel C. G. S. Vijay appeared on the scene and on search detected and apprehended the incoming Arab dhow by name Tahran Har with contraband goods. 207 ingots of silver which were to be delivered to Gulam Hussain Chougule were apprehended and seized by the Cutoms Officer under a panchanama. A search of the person of Gulam Hussain revealed a cash amount of Rs. 10,000/ -. The tindel of the Arab dhow Tahran Har by name Fakir Mohamad Daud in his statement recorded under Section 108 of the Customs Act disclosed that the Arab dhow belongs to one Abhu Dada based at Sharjah and that on 7th September, 1988 that dhow was loaded with the consignment of 197 ingots of Silver at Khorfakhan Port and on reaching Goa Coast unloaded the same on 13th September, 1988. He further stated that 207 Silver ingots which were presently seized by the Customs Department were meant for delivery to Gulam Hussain Chougule but however this attempt was aborted by the timely intervention on the part of the Coast Guard; The grounds further disclosed that the detenu and Srirang Fadte were absconding and avoiding interrogation and the efforts of the Customs Department to trape them turned futile. Then on a reference to the material in relation to the bail, the Court's orders passed, statements by persons involved and medical reports etc. and on consideration thereof the State Government come to the conclusion that the detenu is engaging in abetting the smuggling of goods worth crores of rupees into this country and therefore the Government is fully convinced that there is sufficient cause to pass the detention order with a view to preventing him from abetting the smuggling of goods. The impugned order of detention which is based on these grounds is now subject matter of challenge in this petition.

(3.) THE first of the three grounds that are raised in this petition can be taken up and disposed of together as they relate to the complaint of distorted version in the Marathi translation of the grounds.