SURESH NEEMA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, the petitioner, who has been detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short 'the COFEPOSA Act'), in implementation of detention order dt. 8 -1 -1992 filed as Anns. A and B to the petition, challenges his detention and prays for issuance of a writ of Habeas Corpus.

(2.) FACTS leading to the passing of detention order and filing of this petition have been detailed in the grounds of detention Ann. 'C'. Acting on information the officers of Central Excise, Indore, searched silver Refinery of one Keshav Kumar on 15 -10 -1991 which yielded 192 slabs of silver weighing 154.012 kg. Keshav Kumar on being questioned could not produce any document in support of his legal acquisition of silver slabs in question. It was, therefore, reasonably believed to be foreign origin and illegally smuggled into the country. Thus liable to confiscation under the provisions of the Cutoms Act, 1962. While this search was going on two officers were keeping watch outside the refinery, intercepted one Maruti Van MP -09 -A5273. This Van was also searched which resulted in recovery of 9 silver slabs of foreign origin wrapped in gunny bag weighing 324.539 kg. The occupants of the Van including the petitioner failed to support and account for their possession of the silver slabs. The petitioner had no document in support of his possession of the silver. It was, therefore taken to be of foreign origin and seized under the panchnama. The Maruti Van in question was also seized. Statements of the persons including the petitioner were also recorded under Section 108 of the Customs Act.

(3.) THE two orders Anns. 'A' and 'B' read as follows : .........[vernacular ommited text]...........