D.A.DESAI, BAHARUL ISLAM, A.P.SEN
Devji Vallabhbhai Tandel: Narsinh Vallabhbhai Tandel: Lallubhai Govanbhai Tandel – Appellant
Versus
Administrator Of Goa, Daman And Diu – Respondent
JUDGMENT
BAHARUL ISLAM, J.:— These three writ petitions under Art. 32 of the Constitution of India involve common questions of facts and law. This common order of ours, therefore, will dispose of all of them. It will be sufficient if we refer to the facts only of Writ Petition No. 8070 of 1981. This petition is directed against the order dated 11th September, 1981 made under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the COFEPOSA) by the Administrator of Goa, Daman and Diu (hereinafter the Administrator), detaining the) petitioner "with a view to preventing him from smuggling goods".
2. The material facts in a nutshell as alleged in the grounds of detention in Writ Petition No. 8070 of 1981 are that the petitioner along with Lallu Govan Tandel alias Lallu Malbari, Narsinh Vallabhbhai Tandel (the petitioners in the other two writ petitions) and Narsinghbhai Daulabhbhai (detenu since released) indulged in smuggling of foreign goods such as fabrics, speakers, cassettes, video cassettes, wrist watches, refrigerators silver etc. The goods in 36 packages were recovered from House No. 12/134 of Daman Municipal Area. These goods were
distinguished : Francis Coralie Mullin v. Administrator, Union Territory of Delhi
referred to : Sampat Prakash v. State of J and K
followed : A.K. Roy v. Union of India
distinguished : Samsher Singh v. State of Punjab
referred to : Union of India v. Jyoti Prakash Mitter
distinguished : State of Bombay v. Atma Ram Sridtwr Vaidya
referred to : Nainmal Partap Mal Shah v. Union of India
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