B. N. Katju, J. - (1.) THIS is a petition for the issue of writ of habeas corpus.
(2.) PETITIONER Iqrar Ahmad alias Ikhlaq Ahmad is detained in the Central Jail Varanasi under the order of Sri K. K. Dwivedi Joint Secretary Ministry of Finance Department of Revenue, Union Government by his order dated 30-9-85 passed under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) with a view to preventing him from acting in a manner prejudicial to the augmentation of foreign exchange. The petitioner was arrested on 4-10-85 and the grounds of detention and relevant material were served on him on 5-10-85. The grounds of detention of the petitioner are as follows :- " 1. Information was received by the Varanasi Sub-Zonal Office of the Enforcement Directorate that you along with Israr Ahmad are engaged in unauthorised transactions in foreign exchange by way of making compensatory payments to the persons resident in India by order of the person resident outside India. 2. On the basis of the aforesaid information, your and Israr Ahmad's house situated at village Mannichha. P. S. Kheta Sarai district Jaunpur, U. P. were searched under Section 37 of Foreign Exchange Regulation Act, 1973 by the officers of the Enforcement Directorate, Varanasi on 5-1-85. As a result of the said search, highly incriminating documents, Rs. 1,06,590/- and US 100 were seized. 3. Statements of Israr Ahmad were recorded under Section 40 of Foreign Exchange Regulation Act, 1973 by the officers of Enforcement Directorate, Varanasi on 26-1-85, 27-1-85, 28-1-85, 29-1-85. In his statement dated 26-1-85 he has inter alia, stated that on 5th January, 1985 your and his residential premises were searched by the officers of the Enforcement Directorate and that as a result of the said search, the documents were recovered. 4. While explaining the loose sheets containing pages 1 to 81 Marked ' A ' he has stated that the pages 5 to 9, 10 to 12 & 13 to 81 relate to the list of persons and against each name figures and codes both are written and that all these lists were sent toy your brother Abrar Ahmad from Singapore. He has further stated that t.he persons whose names are written with figures are to be paid the amounts mentioned therein. He has also decoded the codes as under : L : one ; U : two ; C : three ; K : four ; Y : five ; S : six ; T : seven ; O : eight ; R : nine.
(3.) HE has, however, stated that in other sheets the alphabet excepting the above represents zero.HE has also admitted that all the payments mentioned in these lists have been made by him and you under instructions from your brother Abrar Ahmad of Singapore. While explaining page 2 of the seized bunch containing pages 1 to 8 marked ' A ' he has stated that he and you received Rs. 1,41,26,020/- from various persons in India under instructions from your brother Abrar Ahmad of Singapore for making payments to various persons in India under instructions from your brother Abrar Ahmad of Singapore. While explaining loose sheets containing pages 1 to 85 marked ' B ' he has stated that pages 5 to 21, 23, 25 to 41 and 55 contained the list of persons in similar order and against each names figures and also codes in English are mentioned and that these lists were sent by your brother Abrar Ahmad from Singapore. Similarly, there is another list of the same date and numbers which contains S. No. and code representing the amounts to be paid to the concerned persons and that list was also received from your brother Abrar Ahmad of Singapore. He has also admitted that the amount mentioned in these lists have been paid to the persons mentioned therein as per instructions of Abrar Ahmad of Singapore by him and you.;