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1982 Supreme(SC) 168

R.B.MISRA, V.D.TULZAPURKAR
Ibrahim Ahmad Batti Alias Mohammad Akhtar Hussain Alias Kandar Ahmed Wagher Alias Iqbal Alias Gulam – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
A.Subhashini, ASHWINI KUMAR, BHASKAR METHA, C.A.Shah, D.V.PATEL, J.M.Parekh, P.H.Parekh, R.N.Poddar, RAM JETHMALANI,

JUDGMENT

TULZAPURKAR, J. :— By this petition Ibrahim Ahmad Batti, the detenu herein, is seeking to challenge the detention order dated 1st July, 1982 issued by the respondent No. 1 (State of Gujarat) under S. 3 (1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (for short, the COFEPOSA) and praying for a writ of habeas corpus directing his release after quashing the game.

2. On 15th April, 1982, the Custom Officers raided Bungalow No. 3, Sweta Park Society, Bhuderpura, Ambawadi. Ahmedabad, allegedly belonging to the petitioner but standing benami in the name of Rekhaben Champaklal Sheth and during the search that followed in the presence of the petitioner and one Hasmukh Prabhudas Sharma contraband comprising 700 pieces of gold with foreign markings weighing 7000 tolas, radios, camera, video cassette recorder, colour T.V., synthetic fabrics, crockery. etc. of considerable value and Indian currency of Rs. 72,766 were recovered, the said gold and other articles were seized under the reasonable belief that the same were smuggled goods liable to confiscation under the Customs Act, 1962. This seizure was followed by recording of confessional statem

























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