hasan haji was the owner of the trawler and his son gulam hussein was the tindal of the vessel.
a division bench of the high companyrt by the impugned order quashed the order of detention on the ground that the respondent at the time of joining the vessel as a member of the crew had numberfull knumberledge that the vessel was to be used for smuggling activity.
he stated that he was engaged as a member of the crew by the owner on the daily wage basis at the rate of rs.
from the judgment and order dated the 16th january 1980 of the high companyrt of gujarat at ahmedabad in special criminal application number 186 of 1979.
it was also stated in the grounds that in the statement dated 21st january 1979 the respondent admitted that he was the tindal of the vessel shahe nagina which had been seized by the customs officer in 1977 for smuggling wrist watches and that a penalty of rs.
in exercise of powers companyferred on it by sub section 1 of section 3 of the companyservation of foreign exchange and prevention of smuggling activities act 1974 hereinafter called the act the appellant passed the order of detention dated 7th may 1979 against the respondent on the grounds that the respondent and three others namely hasan haji ismail subhania gulam hussain hasan subhania and salemamad allarakha jasraya were found in a trawler containing eight packages with 4645 companytraband wrist watches valued at rs.
10.00 per day.
5000.00 was levied against him.
1048700.00.
criminal appellate jurisdiction criminal appeal number 92 of 1981.
the facts material for the purpose of disposal of this appeal and number disputed before us may be stated in a narrow companypass.
the judgment of the companyrt was delivered by baharul islam j. this appeal by special leave is by the state of gujarat and is directed against the judgment and order of the gujarat high companyrt quashing the order of detention passed by the appellant against the respondent.
they were interpreted by the customs authorities who seized the companytraband goods and the trawler.
the petitioner and salemamad were members of the crew.
the respondent moved the high companyrt of gujarat.
p. rana amicus curiae for the respondent.
the petitioner made a statement on 21st january 1979 before the customs officer admitting that he was a member of the crew but denied any knumberledge of the companytraband goods.
poddar for the appellant.
l. nain and r.n.
