There were numbergold or incriminating documents in the suitcases.
In the meanwhile one Bharat Mehta , another son of the father Venilal Mehta who had companye from Calcutta to arrange for bail was brought under arrest by the officers of the Central Excise in the presence of the father and was asked to identify the father and his sister whereupon Shri Bharat Mehta identified Shri Venilal D. Mehta as his father and Miss Pragna Mehta as his sister.
On 23th August , 1984 , she was served with an order issued by respondent No.
The Superintendent enquired Or the daughter about the companytents of the three packets and she had remained silent.
The Superintendent asked the daughter to open her suitcase and accordingly she opened the suitcase by taking a key from her vanity bag.
He also companyfirmed that they were dealing in gold biscuits.
Shri Suresh , receptionist of Blue Diamond Hotel in statement on 25th May , 1984 under section 108 of Customs Act had stated that on 3rd May 1984 , Bharat Mehta companytacted him over the phone and accordingly he and Bharat Mehta met at Oberoi Hotel.
He can only sign his name in English.
He also knew Venilal Mehta , Bharat Mehta and Rashmi Mehta.
In addition to the furniture in the room there were three suitcases and one vanity bag in side the room.
B.V Shah alias Venilal Mehta , Miss Pragna Mehta and the independent 1 witnesses have signed on the documents and on the mahazar.
Nothing incriminating was found from the daughter , but certain documents which are numbered as incriminating were found from the person of father , the particulars of the said documents have also been set out in that grounds.
1981 for revocation of her detention order.
So far as Bharat Mehta is companycerned , on 2nd May , 1984 , he was in Calcutta and he was informed by his brother from Bombay that his father Venilal Mehta and his sister Pragna Mehta had been arrested and upon hearing that he left for Bombay and arrived in Bombay by the evening flight.
The total weight and other particulars of the said gold biscuits and other particulars of certain other materials found were mentioned.
15 A. M. that he would have to appear before the Advisory Board at 10.00 A.M. He appeared before the Advisory Board and the Advisory Board had companyfirmed his order of detention on 13th August , 1984.
The value of the gold biscuits seized came to round about Rs.
In Ground I d , it was stated that the Superintendent of Customs searched premises of R.D. Mehta Co. and certain particulars of telephone numbers and other documents recovered were stated therein.
Some times Venilal Mehta , Bharat Mehta and Rashmi Mehta used to stay at Hotel Blue Diamond and he had 1 met them while they were there.
He stated that his numbermal work in the refinery was purifying silver.
They used to meet the younger brother of Pratap Sait , Shri Suresh.
In the premises it was stated that there was reasonable belief that 60 gold biscuits were smuggled into India and acquired and possessed and dealt with in companytravention of the Customs Act , 1962 and the Gold Control Act , 1960 and hence were liable for companyfiscation.
In Ground I e , it was stated that the Superintendent searched the silver refinery companytrolled by Shri Partap Sait.
It is the case of the father that he does number know how to read , write or speak English or Hindi or Malayalam.
No companytraband goods or incriminating documents were recovered.
Certain telephone numbers are numbered.
Application for bail was moved on 7th May , 1984 before the learned Acting Chief Judicial Magistrate Miss Pragna Mehta was allowed interim bail till 7th May , 1984.
He was also informed by a letter dated 10th August , 1984 that his representation dated 5th August , 1984 had been rejected.
These tallied with the telephone numbers found in the papers in other houses The documents recovered from R.D. Mehta included telephone bills of phone No.
At the Cochin Airport , he was apprehended by the officers of the Central Excise who desired to interrogate him and was thereupon brought to the office of the Central Excise and was interrogated about his companyplexity in the smuggling of gold.
the custody of the Customs Officers , his advocate addressed a letter and sent a telegram to them protesting against his detention and illegal custody beyond 24 hours and also expressing an apprehension that he was being detained with a view to obtain companyfessional statements under duress.
14 lakhs.
This telephone number tallied with certain papers of Pratap Sait and other houses mentioned here in before.
The fathers bail application was , however , rejected by the Kerala High Court.
1 whereby she was informed that the Advisory Board in its report had expressed that there was sufficient cause for detention of the detenu and accordingly , the Government companyfirmed the order of detention for a period of one year.
The occupants of the room , the father and the daughter had informed that they were number having any such articles.
6 , 8 , 27 , 38 and 47 of the list of documents were supplied in Malayalam.
Each gold biscuits was found to be of 24 carat purity with a weight of 116.5 grams.
On enquiry , the father informed that two of the suitcases belonged to him and the third suitcase and the vanity bag belonged to his daughter.
The show cause numberice further stated that the entire articles in the suitcase from which the gold biscuits were recovered , the key of the suitcase and the documents recovered from the vanity bag of Miss Pragna Mehta and from the shirt pocket of Venilal Mehta B.V. Shah were also seized for further necessary action.
The father had on or about 30th June , 1984 made a representation for mercy.
The Superintendent asked the daughter and the father whether they were having any valid documents to prove the nature of import and prove the legal possession of the 60 gold biscuits of foreign origin recovered from the suitcase claimed to be of the daughter.
The two suitcases claimed to be of the father were examined by the Superintendent.
to the General Hospital , Ernakulam because he had become ill.
A translation of this order in Oriya was supplied to the appellant.
In Ground I f , it was mentioned that certain documents were recovered from Sadasiva Sait , the particulars whereof arc mentioned therein the grounds.
Thereafter the Superintendent and the party made a through search in the presence of the independent witnesses , the occupants and the accountant of the hotel , Mr. Jayaprakash.
On 4th August , 1984 , she wrote a letter to the Chairman , Advisory Board seeking the assistance of a legal practitioner or a friend during the Advisory Board proceedings.
Both Bharat Mehta and Venilal Mehta were transferred to the Medical College Hospital , Kottayam for treatment.
Shri Pratap Sait of Shalimar Jewellery , Cochin alone responded to the business of Venilal Mehta.
625768 of the residence of Venilal Mehta was found entered.
On 5th June , 1984 , Customs Department Superintendent party arrived at the Silver Refinery , Trichur of Sadashiv Sait and as a result of the search 10 foreign made gold biscuits , 8 primary gold biscuits and 1 gold piece were recovered.
The Superintendent requested the daughter to identify her suitcase and accordingly she identified a brown companyoured suitcase marked Aristocrat and vanity bag as hers.
In the statement of Suresh M Chalunka , younger brother of Pratap Sait , he established the companynection of B.V. Shall with the refinery of Pratap Sait at Ernakulam.
It is alleged that the said grounds were served nearly at midnight and said grounds served were written in English while some of the accompanying documents about six in number were In Malayalam.
He did number know how many gold biscuits were there.
He denied having seen Venilal Mehta or V. Shah.
He was thereafter admitted in the General Hospital.
On 11th August , 1984 , a letter was received by her from the Commissioner and Secretary to Government , Government of Kerala respondent No.
1 that there was numberprovision for home companyked food and there was numbersolitary companyfinement , that interviews , and all outgoing and incoming letters are required to be censored and numberspecial restrictions have been imposed upon her.
The appellant thereafter submitted a supplementary petition challenging the validity of the order dated January 28 , 1968.
This was repeated many times.
Other details of the ground and facts of the search need number be set out in detail.
t is alleged on behalf of the father and the daughter that numberlegal assistance was allowed in spite of repeated requests.
All the three packets were companyered with paper bearing printed English letters.
While supplying the Hindi translation Of the grounds , the annexures being annexure Nos.
Ernakulam where he was staying was searched by the officers of the Central Excise and Customs.
In the documents and diaries seized from the silver refinery , phone number 625768 the phone number of the residence of Venilal Mehta was found entered.
It is the case of the father that his son brought this representation prepared by his wife and without understanding he signed the representation for forwarding the same to the proper authorities.
It is number relevant for our present purpose to set these out in detail.
It is number necessary in view of the fact that these statements have been retracted , to refer and set out the said grounds in detail.
When all the three were remanded to jail custody , the father , the daughter and the son retracted their statements.
This he used to do.
In Ground V 4 , it was stated that one Shri Suresh S o Damodharan , was interrogated under section 108 of the Customs Act.
After the cancellation of her bail application , Pragna Mehta moved an application under section 439 of the Code of Criminal Procedure , 1973 before the Kerala High Court and the High Court was pleased to grant bail on certain companyditions.
This statement was number retracted.
It is unnecessary to set these out in detail.
But thereafter on 27th May , 1984 he made a representation in Gujrati to the detaining authority praying that he was unable to read , write either English or Hindi or Malayalam and the grounds of detention may be given to him duly translated in Gujrati.
He has also given certain facts about the business of Pratap Sait and others.
Thereafter Bharat Mehta was interrogated and the result of such interrogation is mentioned in Ground IV.
She made a representation to the Central Government on 9th August.
On 5th August , 1984 he made a representation to the detaining authority praying that his detention order may be revoked.
Here also the same cannot be set out because he has also retracted.
All the 60 gold biscuits were thoroughly examined , weighed and purity tested by a certified goldsmith.
Shalimar Jewellery was also searched In the premises , it was stated , against Venilal Mehta that evidence companylected showed that Venilal Mehta had large scale dealings in smuggled gold biscuits.
A Panchnama was prepared.
From the aforesaid , it was stated that it was evident that Venilal Mehta , and in the case of the other two , son and the daughter more or less similar grounds are made , was dealing in smuggled gold biscuit and that 60 gold biscuits weighing 6990 grams and valued at Rs.
On 25th July , 1984 Miss Pragna Mehta made an application praying , inter alia that the order of detention by revoked and she may be set at liberty.
It is further stated in the show cause numberice in ground 11 iii that during the sight seeing trip to Cochin with family in January , 1983 Venilal Mehta had companytacted different jewellers in Cochin.
He used to receive the gold biscuits and give these to his brother Pratap Sait.
The detenu Venilal Mehta , the father and Bharat Mehta , the son , were detained on grounds mentioned in section 3 1 iii and 3 i iv of the Act and the detenu Miss Pragna Mehta , the daughter was detained on grounds mentioned in section 3 i iii of the said Act.
It is number necessary to set out in detail the documents and the currency numberes seized , particulars whereof were stated in the said show cause.
They used to companye to the refinery.
There was search of the premises of Venilal Mehta in the name of R.D. Mehta Co. Bombay.
On 25th June , 1984 , the grounds were served on all three of them.
The sons bail application was also rejected by the High Court of Kerala and he was also transferred to the General , Hospital , Ernakulam because he became ill.
On January 28 , 1968 , the State of Orissa revoked the order and issued a fresh order of detention.
Though Bharat Mehta states that numberhing incriminating was found , the Custom Authorities had seized Indian currency numberes amounting to Rs.
She was served with the detention order on 20th June , 1984 , and the detenu was served with the grounds of detention in English language.
The father also said that he had numbervalid documents to prove the nature of import of the 60 gold biscuits to India and for the possession of the same and that the daughter carried the gold biscuits from Bombay to Cochin as directed by him.
He further stated that Venilal Mehta came to the refinery some time ago and thereafter as per the telephonic direction of his brother , Shri Pratap Sait , he received some gold biscuits from him and had given these to his brother.
On 5th August , 1984 , he was informed by a letter dated 4th August , 1984 that his representation companyld only be examined after the same was translated into English.
She further alleges that she being the only lady detenu in solitary companyfinement , after companying back from the Advisory Board meeting made a representation to the detaining authority for certain jail facilities namely , facility of home companyked food, reading and writing materials , frequent interviews with relations and friends , facility of writing letters to mother in Gujrati language , sewing and embroidery materials and hygienic toilet facility.
Two diaries and certain documents were seized.
The search list and the deposition and necessary documents , the panchnama and he statements were also annexed with the show cause numberice.
Immediately the father disclosed that the packets companytained gold biscuits of foreign origin.
When she opened , the suitcase was found to companytain one inflated air pillow and certain personal clothings Beneath the air pillow and the personal clothings , there was some thing warped in a Turkish towel.
On 8th May , 1984 the bail application was rejected.
The telephone of the refinery is 37144.
On 4th May , 1984 the room in the Indian Airlines Hotel.
The father was transferred on 24th May , 1984 from sub jail , Ernakulam.
Thereafter on 6th June , 1984 , application for grant of bail was moved on behalf of the father and the son before the Sessions Judge and the said application was rejected on 12th June , 1984 in respect of both of them.
Mr. Jayaprakash accountant of Dwaraka Hotal had also appended his signature in the mahazar.
The documents seized from this place included telephone bills installed at the residence of Venilal Mehta and two other telephone numbers numbered in the paper.
and one gold piece weighing 95 gms.
In Ground II c , the statements recorded under section 108 of the Customs Act by Venilal Mehta and others were mentioned.
He was informed on 6th August , 1984 at 9.
He further stated that he had met them at Hotel Blue Diamond when they had stayed there.
The documents seized from the refinery companytained the accounts of agriculture and grapes were written by Pratap Sait.
The said orders were dated 19th June , 1984 were served on 20th June , 1984 alongwith the grounds in English It was further mentioned in the companymunications companytaining the said grounds that the said grounds were being companymunicated to them for the purpose of Article 22 5 of the Constitution and they were given opportunities to make representation against the said grounds.
When the Turkish towel was removed three paper packets with abnormal weight were found.
These have been set out in details in the ground.
The search of Silver Refinery owned by Pratap Sait was made on 21st May , 1984.
Thereafter they were transferred to the Central Prison , Trivandrum.
24,865 which sum , he alleged to have brought for meeting the legal expenses.
On 23rd August , 1984 she received a letter that her representation dated 25th July , 1984 had been rejected On 24th August , 1984 she received a letter from the Under Secretary to the Government of India in terms whereof she was informed that her repre sentation dated 9th August , 1984 addressed to the Central Government had been rejected.
Then all the three aforesaid persons Venilal D. Mehta , Miss Pragna Mehta and Bharat Mehta were produced before the Acting Chief Judicial Magistrate on 5th May , 1984 at 8.
Hindi translation of the grounds of detention was served on , the detenu on 30th June , 1984.
37144 and 33221 Ernakulam , 37144 is the telephone number of Silver Refinery and 33221 is the telephone number of Blue Diamond Hotel companytrolled by Pratap Sait.
A paper bit recovered from him on 2nd May , 1984 , which show d the details of transaction and the particulars of the writings of the paper have been set out in the show cause numberice and it is further stated that one Sadasiva Sait was apprehended with 2974 grams foreign gold biscuits and the numbers shown against the letters S in the paper mentioned here in before related to the gold biscuits delivered to him by Venilal Mehta and his sons on the dates mentioned against each.
After the said recording of the statement , both the father and the daughter were kept detained at the Customs Department.
The statements of the daughter as well as the father were written by the daughter.
In Ground V 2 , it was stated that Mr. Prakash Krishnan Yadav , an employee of the silver refinery was interrogated under section 108 of the Customs Act.
It is alleged that on or about 6th August , 1984 , she was informed at 9.00 A.M. for the first time that she had to appear before the Advisory Board at 10.00 M. It is her case that she appeared without being given an opportunity of being assisted by any friend.
Bharat Mehta had told him that his father and sister were caught with gold biscuits and requested for help.
They were doing some secret business.
So far as father , Venilal Mehta is companycerned , it is his case that Hindi translation of grounds of detention was served on him on 30th June , 1984.
She replied that she did number have any such document and that she carried the above said gold biscuits from Bombay to Cochin as directed by her father.
One of the documents which is annexed to the affidavit in opposition of the respondents is a mercy petition which is annexure R 1 dated 30th June , 1984 addressed to the Secretary and Commissioner , Home Vigilance , Home Department , Government of Kerala , Trivandrum through the Superintendent , Central Jail , Trivandrum.
These statements were made under section 108 of the Customs Act by these persons and these statements were number retracted.
The persons of both the father and the daughter were searched.
625768 installed at the house of Venilal Mehta which showed that from the said phone trunk calls were booked to Cochin telephone Nos.
Thereafter , he was arrested and taken to identify his father and sister as mentioned hereinbefore.
1984 , Bharat Mehta left on the morning flight for Cochin for arranging bail for his father and sister.
Then there was statement of Prakash Krishna Yadav v , one of the employees of Silver Refinery where he had stated Venilal Mehta , Bharat Mehta and another son of Venilal M Mehta used to companye to Refinery.
The representation dated 9th August , 1984 was rejected and the same was companymunicated to him by a letter dated 28th August , 1984 , and he was informed on 31st August , 1984 that the Advisory Board was of the opinion that there was sufficient ground for detention.
On the next day , the father and the daughter were brought to the office of the Central Excise and Customs , Cochin , where once again , the daughter wrote a statement on her behalf and on behalf of her father.
When the Superintendent asked about the quantity , the father informed that the three packets totally companytained 60 gold biscuits , with 25 gold biscuits each in two bigger packets and 10 gold biscuits in the small packet.
They made companyplaints to the Collector of Central Excise and Customs about the manner in which their statements were obtained.
Ground I b stated about the search on intelligence report of Hotel Airlines at M.G. Road , Ernakulam.
The particulars of other grounds in V 5 need number be set out in detail.
On the following day i. e. On 3rd May.
He received a letter on 25th August , 1984 that his request for supply of grounds of detention and companynected documents was number companysidered necessary by the Government.
He said that Pratap was looking after Blue Diamond Hotel.
Suresh usual to entrust him with bundle of numberes to be handed over to Venilal Mehta and his sons.
It is alleged that such statements were dictated by the officers of the Central Excise.
It is alleged that neither the said statement was explained to the father number a companyy was supplied.
He also denied any dealings with B.V. Shah regarding the gold biscuits.
In Ground V 3 , it was stated that one Shri Suresh Mahadeva Salunkhe S o Mahadev Dari Salunkhe was examined under section 108 of the Customs Act.
Mr. Bharat and Mr. Rashmi , sons of B.V. Shah used to companye , according to his statement , with gold biscuits.
were recovered from the office room.
Certain diaries and documents are seized.
In Ground III , it is mentioned that Venilal Mehta , Miss Pragna Mehta and Bharat Mehta were arrested and produced before the then Chief Judicial Magistrate who granted permission to interrogate Shri Venilal Mehta and Shri Bharat Mehta in the presence of Jail Superintendent.
In Ground II f , the interrogation of Bharat Mehta is set out.
He had further stated that they the aforesaid named persons used the meet the younger brother Or Pratap Sait 1 and they were doing some secret business.
In the diary seized from the Silver Refinery , telephone No.
A list of documents was annexed.
His brother gave a bundle of currency numberes.
On 20th June 1984 , the father and the son while in custody and undergoing treatment in Medical College Hospital were served with the detention orders under the said Act.
According to Bharat Mehta , as he had numberhing to do with the smuggling of gold , he denied having any companynection with the same.
In Ground VI i , it was stated that as a follow up action , the house of Pratap Sait at Convent Junction , Cochin was searched.
Upon such identification , Miss Pragna Mehta wrote down a third statement one on behalf of her father and one on her own behalf.
A companyy of the mahazar was also given to B.V. Shah alias Venilal Mehta and his acknowledgement was obtained on the original.
In Ground V 1 , it was stated that Shri Pratap Sait of Mahadev Parvathy House was interrogated under section 108 of the Customs Act.
Suresh used to entrust him with certain bundles of numberes to be handed over to Venilal Mehta or his sons.
Then on 5th June , 1984 , Sadashiv Sait was interrogated.
There also the telephone numbers 339774 and 338286 were found installed.
He also stated certain facts giving the companynection and the phone number of Venilal Mehta.
In Ground I c , the search and seizure of Swastic Society , Bombay have been set out.
On January 18 , 1968 the District Magistrate supplied 1 to the appellant an Oriya translation of the order and the grounds.
These were entered into in the statement signed by Miss Pragna Mehta which of companyrse , she had retracted thereafter From different searches at different places telephone number 37144 of Pratap Sait at the silver refinery of Pratap Sait was found in various documents.
The three packets were opened and examined and found to companytain 60 gold biscuits , with 25 gold his suits each in two packets and 10 gold biscuits in the third packet.
She alleges that on 13th August , 1984 , she came to know from the jail authorities that the Advisory Board had companyfirmed the detention of her and of brother and father for one year and that the opinion of the Advisory Board was published in the local newspaper Mothrubhumi on 13th August , 1984.
30 P.M. at his residence at Vanala and were reminded to jail custody.
As a result of search 10 foreign made gold biscuits weighing 116.500 grams each , 8 primary gold bars weighing 1714 gms.
The same again cannot be relied on because these have been retracted.
The grounds of detention stated that on the basis of intelligence received a search of room No.
316 of Dwaraka Hotel at M.G. Road , Ernakulam , was companyducted and after being identified it was stated that the Customs authorities had reason to believe that gold of foreign origin was kept in the room in the custody of B.V. Shah in companytravention of the provisions of the Customs Act , 1962 and Gold Control Act , 1960.
Thereafter he was allowed to go.
