ZAIBUNISSA MOHAMMAD FAROOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY virtue of Article 226 of the constitution of India, this writ of habeas corpus has been filed by the petitioner who is the wife of the detenu, by name, Shri Mohammad Farook Ibrahim Mugal detained by an order dated 10-6-1991 passed by the Secretary (Preventive detention) to the Government of Maharashtra, Home department, Mantralaya, Bombay, 2nd respondent herein, by virtue of sub-clause (1) of section 3 of the Conservation of foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), impugning the same and praying to quash the said order. The detention order, grounds of detention and a list of documents relied by the respondents as per annexures A, B and C to the petition, were served on the detenu on or about 16-10-1997.

(2.) ON a secret information, the customs officers of marine and Preventive Wing, Bombay Preventive Collectorate, searched the residential premises at room no. 19, 3rd floor, 352 Ibrahim Rahimtull Road Bombay-3 on 16-8-1990 in the presence of two panchas which premises was in the occupancy of the detenu himself. The officers of the Customs then recovered foreign currencies i. e. U. A. E. Dirhams 37460/- in different denominations equivalent to Indian Rs. 1,87,300/-, along with Indian currency amounting to Rs. 1,48,757/- and five empty cloth jackets meant for concealing foreign market gold bars, two small note books, and loose written sheets serially numbered from 1 to 114. As there was no document produced for the same, the officers seized the above articles under panchnama as provided by the Customs Act, 1962. During investigation of the case, customs officers searched the residential premises at room No. 15, 2nd floor, building no. 101/103, Bania Building, Mohammed Umer Kokil road, (Nishanpada Road), Dongri at 21. 30 hours on 16-8-1990 after having broke open the lock with the help of police officers and a locksmith, as it was found locked. During the search, the customs officers recovered Indian currency of rs. 76,795/- and foreign currencies of 1500 U. S. Dollars and 409 Saudi Riyals in various denominations, the currencies were found in a steel cupboard. China silk cloth of foreign origin in trade quantity i. e. length 400 meters valued at rs. 14,000/- was also found there. They were also seized by the customs officers. Consequently, statements of the detenu were recorded on 17-8-1990, 18-8-1990, 19-8-1990, 20-8-1990 and 20-9-1990. The residential premises of Karim Kapadia situated at D-11, Rose Garden Co-op. Housing Society, Vakola pipe Line Road, Vakola, Santacruz (E), was searched by customs officers on 19-8-1990 and officers of the customs found two telephone Nos. 6133303 and 6129601 installed in the premises. Some documents and one passport size photograph of Karim Kapadia etc. were seized under the panchanama. On 18-8-1990 they also searched the residential flat No. 8, building No. 8b, Kapadia Nagar, C. S. T. Road, bombay-70 and found that no person was available and after pasting a memorandum of request to the occupants to contact the Senior Superintendent of Customs (Preventive M and P wing), they left the same. After having broke open the lock of the said premises again with the help of police, it was found that Indian currency of Rs. 6,160/-, two telephones of foreign origin having secret codes on the memory diary display were seized under different panchanama. The detenu accordingly was arrested on 19-8-1990 and he was produced before the Additional Chief Metropolitan Magistrate, esplanade and that he was granted bail of Rs. 2 lakhs S. B. or Rs. 50,000/- cash deposit and that the detenu has availed bail on 6-9-1990.

(3.) THEN the statement of Cherparempil Vergese, a friend of Karim Kapadia, was recorded on 20-8-1990. Accordingly searches were made in his residential quarters and recovered 200 Hongkong Dollars notes and Indian currency amounting to rs. 15,214/- and they were seized under a different panchanama, consequently, Lalchand Chaneel was arrested on 25-8-1990 and he was produced before the Additional Chief metropolitan Magistrate, Esplanade, Bombay and granted bail on 6-9-1990.