He admitted in his statement dated 24 2 1972 that he was an employee of R. G. Bhandari and on the latters instructions he was disposing of smuggled gold in Bangalore on behalf of his master and despatching the sale proceeds to Madras.
On 20 4 1974, 40 bars of gold weighing 23,274.100 grams valued at Rs.12,75,420/ was seized by Thiru Ramanathan Supdt.
T. Chowdiah, the sender of the said parcel was number there.
The intelligence report dt.
Directorate of Revenue Intelligence which had been received earlier on the basis of which the aforesaid car was intercepted and the seizure was effected, had disclosed that the Marwari referred to was R. G. Bhandari Shri Jethmalani learned Counsel for the detenu submitted that the order of detention which was made more than three years before its execution must be companysidered to have lapsed or ceased to be effective without a fresh application of the mind of the detaining authority to the facts and circumstances of the case and the necessity for preventive detention.
17 4 74 and 19 4 74 by the Intelligence officer tc the .
He also stated that he knew well that R. G. Bhandari was dealing in smuggled gold at Ban galore Sukanraj further stated that within the previous two months, 5 or 6 parcels were received by him and by his brother Motilal.
4327 OF 1978 Under Article 32 of the Constitution of India Ram Jethmalani M. G. Kurnali and Vineet Kumar for the Appellant Petitioner.
There were two grounds of detention which were as follows On 23 2 1972 an inland registered parcel bearing No.
325 emanating from one T. Chowdiah No.
Appeal by Special Leave from the Judgment and Order dated the 20th April, 1978 of the Madras High Court in Writ Petition No.
2, Sanjeev appa Lane, Bangalore, and addressed to M s. Raj Metal House, 77, Mint St. Madras was intercepted by Preventive Officers of the Madras Customs at the Madras General Post Office and it was found to companytain Indian currency amounting to Rs.1,20,000/ and the currency was seized under the Customs Act.
Their statements revealed that the gold was sent by Sikku Govidaswami of Porayar, a numbered transport agent for companytraband goods.
The appeal and the Writ petition were heard together by us and are disposed of by this companymon order.
325 Avenue Road Post Office, Bangalore, in respect of the parcel which was seized at Madras was also seized.
Motilal also gave an independent statement on the same day companyroborating the facts mentioned by his brother that R. G. Bhandari was dealing in smuggled gold and that the currencies in post parcels were the sale proceeds of smuggled gold.
But one Ghaverchand Samarthajee was present.
4327 of 1978 for the issue of a Writ of Habeas Corpus under Article 32 of the Constitution in which he has raised certain grounds which had number been raised before the Madras High Court.
233 of 1978.
The impugned detention order was made on 19th December, 1974 by the Government of Tamil Nadu and the grounds for the order were companytained in a memorandum dated 20th December, 1974 of the Government of Tamil Nadu.
The appellant petitioner, however, surrendered himself before the Commissioner of Police, Madras on 1st February, 1978.
The order of detention companyld number be executed immediately as the appellant petitioner was absconding and companyld number be apprehended despite a proclamation made pursuant to Section 7 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
AND WRIT PETITION NO.
Sukanraj, owner of M s. Raj Metal House on being questioned admitted in a written statement dated 23 2 1972 that the currency was sent by one R. G. Bhandaris man from Bangalore, to be received by him and handed over to one Bhoormal, a partner of R. G. Bhandari, residing with the latter.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Bhawarlal Ganeshmalji whose application for the issue of a Writ of Habeas Corpus was rejected by the High Court of Madras, is the appellant in Criminal Appeal No.
First the order of detention and later the grounds of detention were served on the appellant petitioner.
He has also filed Writ Petition No.
On enquiry at the Park Town Post Office it was found that seven registered parcels had been delivered to M s. Raj Metal Works between 18 1 1972 and 17 2 1972 and received either by Sukhanraj or Motilal.
At Bangalore, the premises at No.
988 of 1978.
233 of 1978.
V. Rangam for the Respondent.
2, Sanjeev appa Lane the address mentioned on post parcel, was searched on 23 2 1972.
The case was adjudicated and the currency was companyfiscated.
The postal receipt bearing the No.
Bhawarlal, the servant of Bhoormal in Madras identified Ghaverchand Samarthajee as an employee of R. B. Bhandari used for gold smuggling business at Bangalore.
This and his companyfessional statement revealed that he had previously despatched seven registered parcels to M s. Raj Metal Works companytaining amounts to the tune of Rs.8,84,000/ using the name of T.Chowdiah and that he had disposed of 3900 bars of smuggled gold valued at Rs.80 lakhs within a short time of less than a month.
Ganesan also admitted that the car with the companytraband was to be handed over to one Marwari, at Bangalore at an appointed place.
personal penalty of Rs.5000/ was imposed on Thiru R. S. Bhandari.
