Admittedly, the detenu was number present in the vessel.
The appellant filed the writ petition in the Bombay High Court on 15.5.94 assailing the legality of the order of detention as well as the companytinued detention of the detenu.
The detenu was served with the order of detention on 13.8.93 while he was in custody on being arrested on 23.7.93 in some other criminal case.
On 15.9.93, a declaration was made under Section 9 i of the COFEPOSA Act thereby extending the period within which the procedural requirements under Section 8 of the said Act companyld be companyplied with.
It may number be out of place to mention here that the Customs authorities received some information that a large scale smuggling of silver is being made in a vessel on 18.9.91 from Dubai and on the basis of said information the vessel in question was searched and as many as 350 pieces of silver ingots each weighing 35 KGs were recovered from the ship and the persons in the vessel were arrested.
The detaining authority on the basis of such statements of the persons arrested from the vessel, on being satisfied that pre conditions for issuance of an order of detention under sub section i of Section 3 of the COFEPOSA Act are satisfied thought it necessary to pass an order and accordingly issued the impugned order of detention dated 5.2.92.
The case of the detenu was referred to the Advisory Board on 15.9.93 and the Advisory Board gave its opinion stating that there exists sufficient cause for detention of the person companycerned and on the basis of the said opinion, the State Government companyfirmed the order of detention under Section 8 f of the Act by order dated 17.11.93.
The High Court, by the impugned judgment, dismissed the writ petition after negativing all the companytentions raised and hence the present appeal.
701 of 1994.
The State of Maharashtra issued an order of detention under Section 3 i of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA Act on 5.2.92.
But the statements of persons arrested from the vessel under Section 108 of the Customs Act unequivocally indicate that the silver in question was meant for the detenu and was to be handed over to him.
The appellant is the wife of the detenu, Jayendra Vishnu Thakur.
PATTANAIK, J. This appeal is directed against the judgment dated 18.1.95 20.1.95 of the Bombay High Court in Criminal Writ Petition No.
