SHASHI KANT R. CHADHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts of the case giving rise to the filing of the writ application against the threatened orders of detention under the provisions of Conservation of the Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA hereafter) do not constitute any warrant for interference of this Court under Article 226(2) of the Constitution of India.

(2.) THE basic facts are that the petitioner is a permanent resident of Bombay having residential Flat situated at Jailji Mansion, First Floor, 41, Mery Weather Road, Bombay - 39. The petitioner carries on business in Bombay. The petitioner's wife and children are the residents of Bombay. On July 6, 1987 the Officer attached to Directorate of Revenue Intelligence conducted a search of the petitioner's flat at Bombay in presence of the petitioner. Panchnama was prepared by the Officer and handed over to the petitioner. The petitioner along with his brother Ravi Kant Chadha was taken by the Officers of the Directorate of Revenue Intelligence to their office under arrest. The petitioner was informed by the Officers concerned attached to Directorate of Revenue Intelligence, Bombay that on July 2, 1987 the said Officers seized Dark Brown substance purported to be hashish which was concealed in 194 plastic drums of mango chutni for exportation thereof to London from India.

(3.) ON July 9, 1987 the petitioner along with two other persons namely, Pranlal Bhaichand Timbodia and Dayaram Khata Thakkar @ Shiba were produced before the Additional Chief Metropolitan Magistrate, Esplanade, Bombay along with a Remand Application being No. 329 of 1987. The petitioner filed an application before the Court on July 9, 1987 stating therein that the illegal detention of the petitioner for the period July 6, 1987 and July 9, 1987. The learned Magistrate directed the Jailor to get the petitioner examined by a Doctor and July 10, 1987 the petitioner made further application before the Additional Chief Metropolitan Magistrate for lodging further complaint relating to the illegal confinement at the hands of the officer concerned and the extortion of his statement. The petitioner was examined by Chief Medical Officer, Bombay Central Prison Hospital. On July 31, 1987 an application was filed by the petitioner before the learned Court in terms whereof once again the petitioner brought to the notice of the learned Court the manner in which the petitioner has been assaulted by Mr. Ahmedabadi and Mr. Patel, officers of the Directorate of Revenue Intelligence.