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1987 Supreme(Guj) 46

B.S.KAPADIA, G.T.NANAVATI
BORICHA VALABHAI NATHUBHAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.M.BHAGAT, J.U.MEHTA

B. S. KAPADIA, J.

( 1 ) THE petitioner has filed this petition from jail under Arts. 20 21 and 22 of the Constitution of India challenging the detention order dated 4-12-1986 passed against him by the Additional Chief Secretary Government of Gujarat Home Department with a view to preventing the petitioner from engaging in concealing smuggled goods. The said order was passed under sec. 3 (1) of the COFEPOSA Act. The grounds of detention were also supplied to the petitioner on the same day.

( 2 ) ON perusal of the grounds it is evident that as a result of search there was recovery of 97 slabs of silver which were found concealed below the tiles in Kundi No. 5. The said slabs of silver were weighing 3 101. 925 Kgs. and valued in aggregate at Rs. 1 23 45 661 The said search was made on 28/07/1986 It was also evident from the statement of the petitioner which was recorded on 5-8-1986 that he was known as Valabhai; that they had constructed six shops near their house at Morvi; that out of the said six shops one was a hotel which was known as Valabhais Hotel; that the name of the Hotel was Yadunandan; that he had purchased one truck and its number was GRP 4137 that he had sold the said tru











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