The statement of the detenu who was working as Storekeeper at the material time in the Stores and Purchase Department of Air India was recorded under Section 108 of the Customs Act on two occasions, namely, on the 22nd and 23rd of July, 1990 wherein the detenu has stated that he knew one Vinod Michael who was working with Air India since last 8 years and that the said Vinod Michael offered him job of taking gold spanner from the special equipment boxes two months prior to the incident for a suitable remuneration and that he did so on three occasions and delivered the companytraband to the said Vinod Michael.
In the wee hours of 22nd July, 1990, the custom officers posted at the Sahar International Airport, Bombay found two special equipment boxes bearing No.
The impugned order of detention as against the detenu was passed on 11th January, 1991 which order was served on the detenu on 12th January, 1991 alongwith the grounds of detention and list of documents annexed thereto.
1 in both the matters in exercise of the powers companyferred under Sub section i of Section 3 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the Act with a view to preventing the detenu from engaging in transporting smuggled goods.
From the two other metallic boxes, the custom officers further found 24 gold bars weighing 24000 grams.
20 and 21 being abnormally heavy which boxes were kept in the special companypartment in the bulk cargo hold on the rear side of the aircraft which had earlier arrived from Tokyo as Flight No.
21, the customs officers removed 9 gold spanners companylectively weighing 10,000 grams.
20 in the presence of witnesses, two jackets of navy blue companyour cloth having 16 companypartments each were found.
The detenu and the said Pol were arrested and produced before the Magistrate on bail on 3.9.90 and were remanded to the judicial custody.
Regarding the seized gold, the detenu has stated that the said Vinod Michael telephoned him on 19.7.90 informing him that mal would be companying on 21st July, 1990 on Tokyo Flight No.
The detenu, Chandrakant Mahadev Khaushe is detained under the strength of the order of detention passed by the Secretary Preventive Detection to the Government of Maharashtra, Home Department who is the respondent No.
On being aggrieved by the order of detention, the present petitioner the wife of the detenu filed a writ petition which was numbered as Writ Petition Crl.
The total weight of the gold was found to be of 48,924.80 grams, the local market of which was estimated as on that date at Rs.
The detenu brought the gold with the help of one Pol, a cleaner in the Department The officials of the Customs Department took statements from various persons inclusive of the abovesaid Pol under Section 108 of the Customs Act on 22.7.90.
From the abovesaid two jackets, 128 gold bars weighing 14920.80 grams were recovered.
147/91 before the High Court of Bombay challenging the validity of the detention order on many grounds but the High Court rejected all those grounds and dismissed the writ petition as devoid of any merit.
Kusum Chandrakant Khaushe who is the wife of the detenu, namely, Chandrakant Mahadev Khause.
On opening the special equipment box No.
The entire companytraband was seized and a panchnama in the presence of witnesses was prepared.
From box No.
Both the above appeal and writ petition are directed by Smt.
According to him, the order of detention was number based on such a document.
On suspicion, the seals of the boxes were broken.
However, they came out on bail on 3.9.90 and 12.9.90 respectively.
Alongwith this appeal, the petitioner has also filed Writ Petition No.
Leave granted.
AI 309.
AI 309.
Hence the present appeal.
After carefully going through the companynter affidavit, we do number see any force in the submission made by the learned Counsel.
1,61,45,184/ .
Hence this submission is rejected.
