A MOHAMMED ILLYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the order of detention passed under Section 3(1 ) of the COFEPOSA Act (hereinafter referred to as the Act) by the Joint Secretary to the Govt. of India, Ministry of Finance, New Delhi. He has also challenged the order confirming the detention of the petitioner and directing that he will be detained for one year from 18-5-90.

(2.) In brief, the facts which are apparent on the record are that Customs Intelligence and Investigations Unit, Kochin noticed the petitioner travelling on a scooter No. KEV 7589 near Chadayamangalam Quilon District. He was brought to CPI Unit, Trivandrum, on the belief that he was carrying gold and smuggled goods and foreign currencies. On search made by the customs officials, Rs. 88060/- were recovered from him. Besides the Indian Currency, foreign currencies were also found in his possession. On the search of the house of the petitioner, Rs. 55,000/ - and a pocket diary were seized. In the statement made by the petitioner he deposed that he was indulging in unauthorized purchase and sale of foreign currencies and the amount seized from him was part of the sale proceeds of the foreign currencies.

(3.) The petitioner was arrested under Section 35 of the Foreign Exchange Regulation Act, 1973 on 27-11-1989 by the enforcement officers of Trivandrum and was produced before ACJM Trivandrum, who passed the order releasing him on bail on executing a bond in the sum of Rs. 25,000/- with two solvent sureties in the like amount. Since no sureties were present at that time, he was remanded to judicial custody till 11-12-89 but before he expiry of that period, the petitioner arranged for the sureties and he was released from jail. On receipt of information about this case, the Joint Secretary to the Govt. of India, after examining the record received and the statements recorded in this behalf became satisfied that the petitioner has been indulging in unauthorised transactions in foreign exchange in violation of Foreign Exchange Regulation Act, 1973. He also became satisfied that these unauthorised transactions indulged in by the petitioner have affected the country's resources and passed the detention order under COFEPOSA Act on 21-3-1990 in excise of the powers under Section 3(1) of the COFEPOSA Act as amended.