M N MANAPPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Petitioner has challenged the detention order dated 30.4.1991 (Annex. 1) passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "the COFEPOSA Act, 1974") whereby the detaining authority directed that the Petitioner Mashinanda N. Monappa @ Jimmy Mohappa @ Mukesh S/o Shri Nashappa R/o village and Post Siddapur Taluka Virajpet, District Coorg Karnataka (Temporary address - Hotel Mansarovar, Bandra, Bombay) be detained in Central Jail, Jodhpur and also challenged the confirmation order dated 7.5.2010 (Annex.9) passed by the advisory board constituted under Article 22(4) of the Constitution of India for detaining the Petitioner for on year from 17.2.2010 to 15.2.2011.

(2.) The facts of the case are that intelligence department received information that heavy consignment of smuggled gold was likely to be transported in a Maruti Gypsy from Barmer side to Gujarat via Sanchore. On the basis of said information, intelligence and custom officials along with two independent witnesses conducted Nakabandi near Municipal Octroi Post No. 2 on National High way No. 15 in Sanchore. On 2.2.1991 at about 12 hours, a white Maruti Gypsy Jeep having registration No. BLF 3682 which was coming from Barmer side was intercepted by the Naka-party. In the vehicle two persons were found sitting and man who was driving the vehicle disclosed his identity as Machinanda N. Monappa @ Jimmy Mohappa @ Mukesh S/o Shri Nashappa R/o village and Post Siddapur Taluka Virajpet, District Coorg Karnataka. He also disclosed his temporary address of Hotel Golden Wheel (Bar & Restaurant), Girgaon, Near Majestic Cinema, Bombay. On thorough search of the vehicle in presence of two independent witnesses, a canvas bag concealed in the side panel behind the driver's seat (inbuilt in the body of the Gypsy) was recovered. The custom officials also found hat there was a similar panel on the left side in the body of the Gypsy. However, nothing objectionable was found in the left side panel. It was also found that an iron box was welded with the body of the Gypsy in its lower portion. This box was having an inbuilt lock. The Petitioner produced the key of the said lock of the above box and when this box was opened, nothing was found in it. However, recovery of canvas bag from one the panels, iron box specially found welded in the body of the Gypsy, created suspicion that contraband gold was concealed in the vehicle. On the basis of this suspicion, the vehicle along with the Petitioner with Suresh Shetty and witnesses were brought to the Customs Range Office premises at Sanchore. On examination of the contents of the canvas bag, discovered the recovery of 10 Foreign Marka Gold Biscuits of 10 Tolas each. On further search, in the said Gypsy it was found that there were specially constructed secret cavities in the back rest of the rear seats of the vehicle-and on removal of rexin from the back sides of each of the back rests of the rear seats, three rectangular sits of iron were found screwed to the body of the seats. By unscrewing the cavities so constructed in the right side back rest of rear seat was found containing 243 Foreign Marks Gold Biscuits (each weighing 10 Tolas) in the left side back rest of the rear seat, 237 Foreign Marks Gold Biscuits (each weighing 10 Tolas) were found concealed. Thus a total number of 480 Foreign Marks Gold Biscuits were found concealed in these two specially constructed cavities. In respect of said 490 Foreign Marks Gold Biscuits, no evidence documentary or otherwise for their legal possession/ acquisition/control/transportation was produced by the occupants, obviously by the Petitioner and said Suresh Sethi on the spot to the custom officers.

(3.) On the basis of above facts, it was found that the above 490 Foreign Marks Gold Biscuits have been contraband as per the provisions of Section 11 of the Customs Act, 1962 read with Section 3(1) and 3(2) of the Imports and Exports (Control) Act, 1947 read with provisions of Section 13(1) and 67 of the Foreign Exchange Regulation Act, 1973 and, accordingly, said 490 Foreign Marks gold Biscuits weighing 4900 Tolas valued at Rs. 2,05,80,000/- were liable to be confiscated under the provisions of the Customs Act, 1962. The vehicle in question was also liable to be confiscated under Section 115(2) of the Customs Act, 1962. The department was of the view that specially constructed secret cavities in back rests of the rear seats of the vehicle were also liable to be confiscated under Section 119 of the Customs Act, 1962 and the canvas bag from which 10 Foreign Marks Gold Biscuits were recovered were also liable to be confiscated under Section 118(a) of the Customs Act, 1962.