RAGHUVIRSINH AMARSINH JADEJA BROTHER OF DETENU HARISHCHANDRA A JADEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Raghuvirsinh Amarsinh Jadeja has filed this petition under Art. 226 Constitution of India for a writ of Habeas Corpus or any other appropriate order or direction quashing the order detaining his brother Harishchandra Amarsinh Jadeja (hereinafter referred to as the detenu) passed by Shri K. V. Hari Har Das Additional Chief Secretary to Government Home Department (Special) Gandhinagar. on 8-12-1986 on the strength of which the detenu is detained on 29-12-1986.

(2.) Shri K. V. Hari Har Das Additional Chief Secretary in exercise of the powers under sub-sec. (1) of sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as the COFEPOSA Act) conferred on him by Government Order Home Department No. GG/63/SB-IV/PSA/1086/360 dated 12-3-1986 directed detention of the detenu as Shri Hari Har Das was satisfied that with a view to preventing the detenu from engaging in transporting smuggled goods it is necessary to detain him. The detenu was detained on 29-12-1986 and the grounds of detention were also served on him on the same day.

(3.) In the grounds of detention it is specifically stated that the detenu was engaged in transporting smuggled goods. On 30-8-1986 the Customs Officers of Mandvi searched the Wadi of Chatursinh Halubha Jadeja of village Nani Khakhar and at the time of search one Batukbha Tejmalji Jadeja working as the watchman of the said Wadi was present and said Batukbha informed the officers in presence of panchas that a few days prior to that a truck was brought at night and goods were off-loaded and Batukbha was paid Rs. 500.00 for the labour charges. The Customs authorities attached 60 packages containing contraband goods consisting of synthetic fabrics zip fasteners etc. of foreign origin valued at Rs. 28 63 653 and they were seized under the reasonable belief that the same were smuggled and liable to be confiscated under the Customs Act 1962 The Wadi belonged to Chatursinh Halubha Jadeja and his statement was recorded and from the statement it transpired that the detenu was engaged in transporting some smuggled goods. This aspect is not challenged before us. It is clear from the grounds of detention that the detenu was engaged in transporting smuggled goods Shri K. V. Hari Har Das Additional Chief Secretary who was specially empowered under sub-sec (1) of sec. 3 of the COFEPOSA Act was subjectively satisfied about the activities of the detenu and therefore he came to the conclusion that from the material on record he was satisfied that the detenu was engaged and also was likely to engage himself in transporting smuggled goods and there was sufficient cause to pass the order of detention against him under the COFEPOSA Act with a view to preventing him from engaging in transporting smuggled goods. When the detention order was passed the detenu was absconding but it appears that subsequently he was arrested on 29-12-1986.