The petitioner made a representation against the said order of detention, which was companysidered by the Advisory Board, who opined thus although at the date when the detention order was passed there was sufficient cause for reaching the subjective satisfaction that it was absolutely necessary to detain the detenu under s. 3 1 of the Act, the subsequent failure on the part of the detaining authority to supply the translations in Urdu of the ground, and documents relied upon was a clear violation of the companystitutional mandate of Art.
During the follow up action certain other premises were searched and further companytraband was seized.
1 under s. 3 1 of the COFEPOSA, the petitioner was detained in Ahmedabad Central Prison with a view to preventing him from transporting smuggled goods and keeping smuggled goods.
The petitioners representation made through his Advocate on 5th of August 1982 having been rejected on 13th of August, 1982, the petitioner has filed this writ petition under Art.
1 by its order dated 1st of July, 1982 revoked the detention of the petitioner under s. 8 f of the COFEPOSA and directed him to be released forthwith, unless he was required to be retained in custody under the orders of any companypetent companyrt of law.
Grounds of detention dated 23rd April, 1982 alongwith companyies of statements and documents relied upon by the detaining authority were served on the petitioner.
Under Article 32 of the Constitution of India Ram Jethmalanni, P.H. Parekh, Bhaskarbhai Mehta, C.A. Shah and J.M. Parekh for the petitioner.
However, on the same day i. e. 1st of July, 1982, the respondent No.
ORIGINAL JURISDICTION Writ Petition CRL No.
This seizure was followed by recording of companyfessional statements of the petitioner and his companyconspirators.
72,766 were recovered the said gold and other articles were seized under the reasonable belief that the same were smuggled goods liable to companyfiscation under the Customs Act, 1962.
of companysiderable value and Indian currency of Rs.
Following the above opinion of the Advisory Board, the respondent No.
1077 of 1982.
V. Patel and R.N. Poddar, for the Respondent State of Gujarat .
1 issued the impugned order of detention against the petitioner under s. 3 1 of the COFEPOSA and served it on him on 2nd July, 1982 whilst he was in judicial custody under Courts order in two cases, one under the Arms Act and the other under the Foreigners Act pending against him and after taking him in custody again under the impugned order detained him in Ahmedabad Central prison under the COFEPOSA.
On 15th April, 1982, the Custom Officers raided Bungalow No.
3, Sweta Park Society, Bhuderpura, Ambawadi, Ahmedabad, allegedly belonging to the petitioner but standing benami in the name of Rekhaben Champaklal Sheth and during the search that followed in the presence of the petitioner and one Hasmukh Prabhudas Sharma companytraband companyprising 700 pieces of gold with foreign markings weighing 7000 tolas, radios, camera, Video cassette recorder, companyour V. synthetic fabrics, crockery, etc.
1 State of Gujarat under s. 3 1 of the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1947 for short, the COFEPOSA and praying for a writ of habeas companypus directing his release after quashing the same.
Ashwani Kumar and Miss A. Subhashini for the Respondent Union of India.
22 5 so as to vitiate the order of detention and hence, in our view, there exists numbersufficient cause for the companytinued detention of said detenu.
By an order dated 19th April, 1982 issued by the Respondent No.
The Judgment of the Court was delivered by TULZAPURKAR, J. By this petition Ibrahim Ahmad Batti, the detenu herein, is seeking to challenge the detention order dated 1st July, 1982 issued by the respondent No.
