Judgment :-

P. Sathasivam, J.

1) This appeal is directed against the final judgment and order dated 16.03.2006 passed by the High Court of Judicature at Bombay in Criminal Writ Petition No. 1500 of 2005 whereby the High Court dismissed the petition filed by the appellant herein.

2) Brief facts:

(a) According to the appellant, the Directorate of Revenue Intelligence (DRI), Mumbai Zonal Unit, Mumbai, received an intelligence that one sea-faring vessel by name M.T. AL SHAHABA (a motor tanker) carrying approximately 700 metric tons (MT) of Diesel Oil of foreign origin is arriving into Indian Customs Waters on or around 20th or 21st December, 2004 and the said diesel oil would be smuggled into India. The officers of the DRI, Mumbai, therefore, kept surveillance in that area and on 21.12.2004, the officers spotted the said vessel. They noticed two self propelled barges and two dumb barges each towed by a tow boat were around the said vessel. They also noticed that pipes were attached from the said vessel to the barges and oil was being pumped into the barges from the vessel. The officers of the DRI boarded the said vessel and took control of the same. The vessel and barges were found to be o