- (1.) This appeal by special leave directed against a judgment of the Bombay High Court dated 5th June, 1978, dismissing a petition filed by the appellant under Article 226 of the Constitution, by which the prayed for the issue of a writ of habeas corpus, and the connected petition under Article 32 of the Constitution by his wife for the issuance of a writ of habeas corpus for his release a common question and therefore they are disposed of by this common judgment.
(2.) A vessel knows as 'jamnaprasad' BLS-61 valued at one lac of rupees was found grounded in a creek off the coast near village Kim-Khadi on the 20th August, 1977. On receipt of information regarding the grounding of the vessel the Customs Officers Hansot, visited the spot and examined the contents of the cargo aboard the aforesaid grounded vessel. It was laden with 12 rolls of stainless steel sheets each weighing one tonne, valued at Rs. 15,44,400/-. The aforesaid vessel and the contraband goods found aboard it were seized by the Customs Officers for action under the Customs Act, 1962. They made inquires about the whereabouts of the crew members of the aforesaid vessel 'jemnaprasad' and were successful apprehending them and the others involved.
(3.) Intelligence gathered by the Customs Officers clearly indicate that the appellant was the main person connected with the smuggling of the aforesaid cargo of contraband goods, namely 12 stainless steel sheets recovered from vessel' Jamnaprasad' BLS-62.;