ILLYAS AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) The Zonal office of the Enforcement Directorate Calcutta through their secret sources received the information that on 5-3-1990 at about 2 P.M., one Illyas Ahmad, the present petitioner will be visiting one Prasenjit Nag of M/s. Uptronics Service (P) Ltd. at his office situated at 18th floor, Chatterjee International Centre 30, J.L. Nehru Road, Calcutta, for selling US 10,000/- authorisedly. On the basis of this information, the officers maintained survillance at the office of Prasenjit Nag and apprehended the petitioner at about 2.45 P.M. On his personal search, they recorded and seized Rs. 2 lakhs along with incriminating documents. On interrogation, the petitioner disclosed the names of number of persons connected with the illegal sale and purchase of foreign currency. As a follow-up action, searches were conducted at numerous places where from material documents and foreign currency were recovered.

(2.) The petitioner was arrested on 7-3-1990 and was produced before the C.M.M. Calcutta the next date who was pleased to remand him to judicial custody till 22-3-1990 in the first instance which are extended from time to time till 2-4-1990.

(3.) In the meantime, on 30-3-1990, Shri Mahinder Prasad, Joint Secretary to the Government of India, while exercising powers under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act) directed the detention of the petitioner in Presidency Jail, Alipur, Calcutta, with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchanges. The order and the grounds of detention were duly served on the petitioner while he was in judicial custody. On 9-4-1990, the petitioner made a representation to the detaining authority through the Superintendent, Jail for revocation of his illegal and wrongful arrest and detention and further praying for his immedities release. According to the petitioner, this representation has not as yet been disposed of.