M MOHAMED SULTHAN Vs. JOINT SECRETARY TO GOVERNMENT OF INDIA FNANCEDEPARTMENTANDOTHERS
LAWS(SC)-1990-9-12
SUPREME COURT OF INDIA
Decided on September 21,1990

M.MOHAMED SULTHAN Appellant
VERSUS
JOINT SECRETARY TO GOVERNMENT OF INDIA,FINANCE DEPARTMENT Respondents





Cited Judgements :-

DALNIR SINGH VS. UNION OF INDIA [LAWS(DLH)-1995-2-12] [RELIED ON]
JAMILA BEGUM VS. UNION OF INDIA [LAWS(DLH)-1996-4-40] [REFERRED TO]
POOJA BATRA VS. UNION OF INDIA [LAWS(DLH)-2008-9-10] [REFERRED TO]
RANIBEN HASMUKHBHAI KUMBHAR VS. COMMISSIONE ROF POLICE [LAWS(GJH)-2003-5-41] [REFERRED]
ANIL KUMAR AGARWAL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1991-3-39] [REFERRED TO]
MUNNEY KHAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1992-9-45] [REFERRED TO]
JOKHU LAL VS. SUPERINTENDENT CENTRAL JAIL [LAWS(ALL)-1994-5-14] [REFERRED TO]
TAJ AND VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1996-8-98] [REFERRED]
CHANDRESH PASWAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-2-145] [REFERRED TO]
MAHBOOB VS. SUPERINTENDENT DISTRICT JAIL MEERUT [LAWS(ALL)-1999-2-146] [REFERRED TO]
BHAGAUTI SINGH VS. STATE OF U P [LAWS(ALL)-1999-4-34] [REFERRED TO]
GUDDU ALIAS SHAMSHER VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2000-12-14] [REFERRED]
N BALAIAH VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1991-8-11] [REFERRED TO]
BRAHMAM N VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1994-11-38] [REFERRED TO]
BHAWARLAL JAIN VS. MAHENDRA PRASAD [LAWS(KAR)-1991-1-92] [REFERRED TO]
PEER MOHAMMED SIDDIQUE VS. UNION OF INDIA [LAWS(KAR)-1992-10-17] [REFERRED TO]
P V BAKTHAVATCHALAM VS. GOVT OF INDIA [LAWS(MAD)-1992-1-38] [FOLLOWED ON]
SUBBIAH ALIAS TIRUVOTIYUR SUBBAIYAH ALIAS MAHADEVAN VS. COMMISSIONER OFPOLICC MADRAS [LAWS(MAD)-1993-2-22] [REFERRED TO]
VARTHAMALAI VS. GOVT OF TAMIL NADU [LAWS(MAD)-1994-3-88] [RELIED ON]
HALYA WAJYA KURMUDA VS. R D TYAGI COMMISSIONER OF POLICE THANE [LAWS(BOM)-1990-12-26] [REFERRED TO]
JULIA JOSE MAVELY VS. UNION OF INDIA [LAWS(SC)-1991-10-50] [DISTINGUISHED]
DAVID PATRICK WARD VS. UNION OF INDIA [LAWS(SC)-1992-8-8] [REFERRED TO]
KAKKOVAYAL KUHBI HAMJA VS. STATE OF MAHARASHTRA [LAWS(BOM)-1991-12-36] [REFERRED TO]
MAHAMANI VS. UNION OF INDIA [LAWS(MAD)-1999-12-24] [REFERRED TO]
KAILASH CHANDER TANDON VS. STATE OF MAHARASHTRA [LAWS(BOM)-1995-2-108] [REFERRED TO]
UTTAM CHINTAMAN KHARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1997-8-75] [REFERRED TO]
RAFIQ ABDUL KARIM MERCHANT VS. RAJENDRA SINGH SECRETARY TO GOVERNMENT OF MAHARASHTRA [LAWS(BOM)-1998-1-41] [REFERRED TO]
BABULAL VILDARAM BISHNOI VS. REVA NAYYAR [LAWS(BOM)-1998-9-32] [REFERRED TO]
MRINAL NAMDEV WAGHMARE VS. REVA NAYYAR [LAWS(BOM)-2001-1-45] [REFERRED TO]
NISAR ABDUL INAMDAR VS. M N SINGH COMMISSIONER OF POLICE [LAWS(BOM)-2001-4-88] [REFERRED TO]
KUNIKA RANDHIR SINGH VS. UNION OF INDIA [LAWS(BOM)-2001-11-16] [REFERRED TO]
KARNAIL SINGH ALIAS BAGIARH VS. STATE OF PUNJAB [LAWS(P&H)-1996-11-65] [REFERRED TO]
PANDHEE KHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1990-12-13] [REFERRED TO]
HANUMAN PRASAD AGRAWAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1991-5-39] [REFERRED TO]
RAJENDRA SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1992-4-10] [REFERRED TO]
RAIS KHAN VS. UNION OF INDIA [LAWS(RAJ)-1992-5-30] [REFERRED TO]
ANUP KUMAR GHOSH VS. UNION OF INDIA [LAWS(CAL)-1997-10-6] [REFERRED TO]
MADASAMY VS. SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT [LAWS(MAD)-2016-8-89] [REFERRED TO]
BABULAL VILDARAM BISHNOI VS. REVA NAYYAR [LAWS(BOM)-1998-9-176] [REFERRED]
ATIKUR RAHAMAN VS. UNION OF INDIA AND ANOTHER [LAWS(DLH)-2017-3-217] [REFERRED TO]
SHRI N. RAVINDRAN NAIR VS. THE GOVT. OF GUJARAT, THROUGH THE UNDER SECRETARY, HOME DEPTT. (SPL), SACHIVALAYA, GANDHINAGAR [LAWS(GJH)-1991-12-42] [REFERRED TO]


JUDGEMENT

S. C.Agrawal, J. - (1.)In this writ petition the petitioner is seeking to challenge the validity of his detention on the basis of order dated December 12, 1989 passed under Section 3(l) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act') by the Joint Secretary to the Government of India.
(2.)The petitioner arrived at Madras International Airport on September 30, 1989 as a passenger from Singapore by Singapore Airlines Flight SQ 410. He was travelling under passport No. G 035015 in the name of Mohammed Ali. While he was waiting for customs clearance he was intercepted by an Air Intelligence Officer on suspicion that he might carry gold or any other contraband goods. He was questioned and he admitted having kept concealed gold bars in his body and volunteered to eject the same through his rectum. He was taken to the Gents' toilet situated in the arrival hall of' the Airport where he ejected two black colour adhesive tape bundles. On examination one bundle was found to contain 4 gold bars of 10 tolas each and the other bundle was found to contain 3 gold bars of 10 tolas each. All the gold bars were with foreign markings. The petitioner was not having any licence/ permit issued by the Reserve Bank of India Authorities for the import of gold and the seven gold bars were seized for action under Customs Act, 1962 read with Foreign Exchange Act, 1973.
(3.)The petitioner made a statement before the Customs Officer on September 30, 1989 wherein he stated that he was a labourer earning Rs. 25/- as daily wages and his monthly income was about Its. 350/- and since that income was not sufficient for maintenanec, he intended to go to Singapore with and view to earn more money and obtained a loan of Rs. 10,000/- from one Shri Pitchamuthu of Nagapattinam and with that money he purchased a ticket and left for Singapore on September 23, 1989 by Singapore Airlines Flight and stayed in the Pallivasal and in Singapore he developed friendship with one Majeed who promised that he would bear the cost of the air ticket amounting to Rs. 5,200/and would also pay a sum of Rs. 2,000/ - to the petitioner provided he carried the gold bars and other goods to India and handed over the same to his son Abumawthootha, and that the petitioner agreed for the same and accordingly on September 30,1989 Majeed gave him two black colour bundles containing gold bars and asked him to insert the same in his rectum and with the help of Majeed, the petitioner kept concealed the said two bundles in his rectum and landed at Madras Airport on September 30, 1989 with the gold bars kept secreted in his body and was intercepted by the Customs Officer and on questioning he admitted having kept concealed two bundles containing gold bars inside his body and volunteered to eject the same through his rectum and that he was taken to a Gents toilet where he ejected two bundles from his rectum. The petitioner made further statement before the Customs Officer on October 1, 1989 wherein he stated that his real name is Mohamed Sulthan and that he had wrongly mentioned his name as Mohamed Ali in his earlier statement on September 30, 1989.
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