SYED NASIR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order of the Joint Secretary to the Government of India dated 6.2.91 passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) The detenu was apprehended by the officers of Directorate of Revenue Intelligence on 21.1.91 from his residence pursuant to arrest of co-detenu Shri Hamza Nozoglu (A Turkish National) on 15.1.91, in a case of seizure of 40 foreign marking gold bars, weighing one kilogram each from a van driven by the aforesaid Turkish National. The alleged seizure of gold was allegedly effected by the officers of DRI from the said van belonging to Hamza Nozoglu which was parked outside Kailash Inn, where Shri Hamza Nozoglu was staying since 13.1.91. Shn Hamza Nozoglu was apprehended by the officers of DRI on 15.1.91 and his alleged statement under Section 108 of the Customs Act, 1962 was recorded. Shri Hamza in his statement has allegedly stated that he was to hand over the seized gold to the detenu at the instructions of one Shri Raza Ansari of Dubai. The detenu was apprehended from the two telephone numbers given by Shri Hamza in his alleged statement.

(3.) It is the admilted position that the detenu was arrested because of the statement which he made on 21.1.91. This statement was retracted by the detenu on 2nd February, 1991. The retracted statement was sent by registered A.D. to the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, North Block, New Delhi, which was received by the respondent. The petitioner has submitted the original receipt of the registry and the A.D. card on page 47 of the paperbook.