SULEMAN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) An order under Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, COFEPOSA Act) ordering the detention of the detenu Gulam Hussain, of whom the petitioner claims to be the brother, was made on April 30, 1991 (Annexure-2). The said order was made with a view to preventing Gulam Hussain, the detenu, from abetting the smuggling of goods, or harbouring persons engaged in smuggling goods.

(2.) The circumstances on the basis of which the aforesaid order was made may now be enumerated here and they are as under.

(3.) The customs authorities while acting on general intelligence that contraband gold would be smuggled across Indo-Pak border and would be transported in light vehicle towards Gujarat, proceeded to Municipal Octroi checkpost No. 2 and conducted a Naka on N.H. 15 on Feb. 2, 1991. At about 12.00 hours, a white Maruti Gypsy bearing No. BLF-3682 was intercepted which was coming from the direction of Barmer and was going towards Gujarat. There were two occupants in the Gypsy and on enquiry they revealed their names as Machimanda N. Monappa and Suresh Shetty. Whereas the former was driving the Gypsy, the latter was sitting in it. On a search being taken one canvas bag was found concealed inside a cavity in the side panal in the body of the Gypsy behind the driver seat. It was found too heavy. At the request of one of the occupants of the Gypsy the vehicle was brought to the Customs Range Officer, Sanchore alongwith the witnesses, where the canvas bag was examined and 10 foreign marked gold biscuits were recovered and 480 F.M. Gold Biscuits were recovered from the vacities of the Gypsy made in the wooden parts of the two back-rest of the rear seats. Thus, in all 490 F.M. Gold biscuits were recovered during the search. They were of 24 carat purity and each of them was weighing 10 totals. The occupants of the Gypsy failed to produce any evidence documentary or otherwise to prove licit import of those gold biscuits and their acquisition/ possession. Therefore, on a reasonable belief that 490 F.M. Gold Biscuits had been smuggled into India and are liable to confiscation under the provisions of Customs Act, 1960 (for short, the Customs Act), they were seized. They were of the value of Rs. 2,05,80,000 / -. The statements of the above occupants of the Gypsy were recorded under section 108 of the Customs Act and it was stated by them that the gold biscuits belonged to Shri Prithviraj M. Shetty, resident of 7, Bang low And heri, Varseva Bombay who had directed him to take delivery of contraband gold from Gulam Hussain, the detenu in this case. As per the statement of Manappa recorded under Sec. 108 of the Customs Act, on Jan. 31, 1991, in the after-noon he and Suresh Shetty reached village Bhanwar and stayed in Utiars (small cottage) provided by the detenu and on Feb. 2,1991 at about 0 600 hours detenu brought the consignment of 490 foreign marka gold biscuits which were put in the canvas bag and the same was concealed in the Gypsy. It was given out that he was to get Rs. 25,000 / - for making the delivery of the said contraband gold biscuits from detenu to Prithviraj, M. Shetty in Bombay and out of it he had given Rs. 5,000 /- to Suresh Shetty Naik. He also gave out that from telephonic conversation of Prithviraj M. Shetty with somebody in Karachi he knew that the consignment of 490 F.M. gold biscuits was smuggled into India from Karachi.