BHAWARLAL JAIN Vs. MAHENDRA PRASAD

JUDGEMENT

(1.) this writ petition is by Sri Bhawarlal jain the father of the detenu mahesh kumar seth alias mahesh kumar jain who has been detained in central jail, Bangalore, in pursuance to the order of detention dated 9-8-1990 passed by the isl respondent under Section 3 of the conservation of foreign exchange and prevention of smuggling activities Act, 1974 (hereinafter referred to as cofeposa act) in f,no. 673/270/1990 cus viii marked as Annexure-A to the writ petition. The detenu has been furnished the grounds of detention, order of detention and materials relied on in passing the order of detention. The grounds of detention are filed at Annexure-B to the petition.

(2.) the petitioner in this writ petition has sought for:- a) issue a writ in the nature of habeas corpus or any other appropriate writ order or direction declaring the detention of Shri mahesh kumar seth alias mahesh kumar jain by order f.no. 673/270/1990 cus viii, dated 9th august, 1990 as illegal and ab-initio void. B) pass such other order or orders as the case may be including the release of the detenu.

(3.) briefly stated the facts of the case are:- on credible information received that a suspected maruti car carrying contraband gold is expected to arrive to Bangalore on 25-7-1990, the officers of Bangalore dri zonal unit proceeded to peenya sales tax checkpost on tumkur-Bangalore national highway along with witnesses at about 14 hours. An ambassador car (taxi) bearing registration No. Meu 4214 towing a maruti car bearing registration No. Mmy-7278 was seen coming from tumkur side. The officers gave signals to stop the car. The car stopped, officers found two occupants in each of the cars. The detenu and other occupants of the maruti car got down and tried to run away. The officers chased and apprehended the detenu who fell down during the chase. On questioning the occupants of the ambassador car, they informed that they were towing the maruti car from chitradurga to Bangalore. The detenu revealed his name as mahesh kumar seth of Bombay and the other occupant of the maruti car disclosed his name as khader abdul wahab of Bombay. On persisting inquiries the detenu stated that there was contraband gold in the car which was to be delivered to one ramesh kumar jain staying at hanumanthanagar, Bangalore. Since large crowd had gathered at the place of interception causing traffic problem and due to security reasons the said cars were brought to the dri office at Bangalore along with witnesses who had accompanied dri officers. At the dri office when the said maruti car was searched the officers recovered two documents from the dash board relating to the car besides the driving licence of the detenu. On further search a stepney tyre was found in the dicky of maruti car, when lifted, it weighed unusually heavy. With the help of a vulcanising man the tyre and tube were removed from the wheel disc, a white plaster was seen fixed on the wheel disc when that plaster was removed, it was found to contain heavy metallic substance wrapped inside the adhesive plaster. In addition one more layer of white adhesive plaster was found similarly fixed on the said wheel disc. When the second layer was removed it was also found to contain heavy metallic substances. The officers recovered 90 foreign marked gold biscuits each weighing 10 tolas from the first strip of adhesive plaster. Similarly they recovered 32 gold biscuits with foreign markings each of 10 tolas weight. Thus totally 122 gold biscuits with foreign markings were recovered from the said stepny tyre. A goldsmith having tested all the said 122 gold biscuits by touch stone method, opined them to be of foreign origin. The total weight of the said gold biscuits was 14225.200 grams and was valued at Rs. 48,08,000/-. When the detenu and khader abdul wahab were questioned they did not produce any valid documents in support of the licit import of the said gold of foreign origin. The senior intelligence officer of dri seized these 122 gold biscuits under a mahazar dated 25-7-1990 on the reasonable belief that the said gold biscuits have been smuggled into India in contravention of the Provisions of the Customs Act, 1962.