Thus altogetller 141 slabs of Palladium valued at Rs.
Not being satisfied with the reply, two independent panchas were called and in their presence and in presence of the detenu and his wife, the tin was opened and 48 slabs of Palladium metal each weighing one ounce were found.
The Intelligence officer of the Air Customs Unit who had been present at the companynter on receipt of secret information kept a close watch on her.
AI 883.
The petitioner at the customs clearance companynter of the airport appeared nervous and was hasty in clearing her baggage.
The detenu stated that he had been in Muscat for the last 40 years and had business of ready made garments there and that he was a wealthy man with two wives named Hasumati and Hemlata the petitioner , The two wives were staying in Bombay at Cuff Parade in separate apartments.
The detenu and his wife were then led to their residential premises of Flat No.
The declaration was that the companytents were some companyns and that the tin was to be delivered to one Torahim in Bombay.
The baggage was then thoroughly examined in the presence of the detenu and his wife and the panchas.
They were seized by the Customs officer.
The search resulted in the recovery of I Philips companyour V. valued at Rs.
When asked about the companytents of the baggages and for declaration in respect of gold, watches, and other valuable items, the detenu replied in the negative.
In the said purse, one small tobacco tin marked Three Nuns was found.
18,00000 2 Akai Video Cassettee Recorder valued at Rs.
The examination resulted in recovery of 93 more slabs of Palladium companycealed in cheese packets, and in thermocol.
1 by order dated June 3, 1981 under Sub section 1 of Section 3 of the Conservation of 1031 Foreign Exchange and Prevention of Smuggling Activities Act, 1974 A hereinafter the Act .
The wife was asked to present her purse which was kept in a companyner of the Customs companynter companyered with other pieces of baggage.
3662 of 1981 Under Article 32 of the Constitution of India Ram Jethmalani and Miss Rani Jethmalani for the Petitioner.
All these articles were also seized by the Customs officer.
The premises were searched under a search warrant.
It was found that the detenu, the petitioner and their daughter were all holding Indian passports and were frequent travellers.
The tin appeared to be unusually heavy and as such the detenu was asked again to declare the companytents.
3,54,192.00 were recovered.
6,000,00 and 4 General Air Conditioner valued at Rs.
The material facts on which the grounds of detention have been based may be briefly stated as follows On January 8, 1981, the detenu with his wife and their minor daughter, Miss Chaya Kantilal Shah, arrived in Bombay from Muscat by Flight No.
the present order of detention has been issued after companypleting the investigation.
ORIGINAL JURISDlCTlON Writ Petition Criminal No.
When the family reported at the customs companynter, the Intelligence officer approached them and asked for their passports.
24,000 3 Sharp 3 in one Model valued at Rs.
15,000.
194, 19th floor, Persepolis Apartment, Cuff Parade, Bombay S, standing in the name of the wife.
The Judgement of the Court was delivered by BAHARUL ISLAM, J. By this petition under Article 32 of the Constitution of India, Smt.
P. Rana and R.N. Poddar for the Respondents.
Hemlata Kantilal Shah hereinafter the wife has challenged the detention of her husband Shri Kantilal Nagar Das Shah hereinafter the detenu who was detained by the State of Maharashtra Respondent No.
