R.S.PATHAK, R.S.SARKARIA
Ganga Ramchand Bharvani – Appellant
Versus
Under-secretary To The Government Of Maharashtra – Respondent
JUDGMENT
SARKARIA, J. :— This judgment deals with two writ petitions for the issue of a writ of habeas corpus, which were allowed by us by a short Order, dated April 23, 1980.
2. In Writ Petition 434 of 1980, the detenu is one Indru Ramchand Bharvani, while in Writ Petition 435 of 1980, the detenu is Indrus father, Ram Chand Bharvani. The two detenus Indru and Ram Chand along with others, are carrying on business is diamonds and precious stones in partnership under the style of "M/s. Gems Impex Corporation". 35, New Marine Lines, Bombay, since 1971.
3. On November 16, 1979 the Customs Officers at Bombay raided the premises of the said firm and in the course of the raid, seized diamonds and pearls worth about Rs. 55 lakhs and also, some jewellery and Rs. 1,40,000/- in Indian currency and two gold sovereign coins. On the following day, the Customs raided the residential premises of the son, Indru, and seized two cameras and three wrist watches worth about Rs. 1.50 lakhs.
4. The detenus were arrested on November 23, 1979 and interrogated. During interrogation, the detenus claimed that the gems and other articles seized were not smuggled goods but were local materials, locally acquired. T
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