HIRA LAL Vs. M V N RAO

JUDGEMENT

(1.) The challenge in this petition for issue of writ of habeas corpus is to the detention of Krishan Lal Udayalal Bhora (hereinafter referred to as the detenu) pursuant to an order dated 28th June, 1984 having been passed by respondent No. I under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA').

(2.) The detenu admittedly was carrying on business in the name and style of M/s. Girish Stores at 59(A, Karwar Street, Fort, Bombay. On 24th and 25th January, 1984 the business and residential premises of the detenu were searched by the Officers of the Enforcement Directorate. From the aforesaid shop Indian Currency of Rs. 30,000 was seized alongwith following foreign exchange : U. S. $. 376, Stg. 40, Kuwait Dinar 640, Oman Baisa 900, Oman Riyals 155, Bahrain Dinar 215, Saudi Riyala 281, U. A. E. Dhms. 3565, Singapore $ 140, Australian $ 18, Canadian S 267, Qatar Riyala 100, Iraqi Dinar 29i, Scotland 15, Egyptian 6, South African Rands 125, Nigerian Nairs 498, Italian Lira 163000, Japanese Yen 4000, Cyprus Mils 250, IT. S. S in T. Cs. 1000, U. S. $ in DD 400, Canadian $ in DD 150, British Postal Orders 105, Irish Postal Orders 9, Nigerian Postal Orders Nairs 28.

(3.) On 24th January, 1984 statement of the detenu was recorded in which he, inter alia, stated that he had purchased, at the prevailing market rate, the seized foreign exchange from different customers who had come to his shop. On 23rd February, 1984 further statement of the detenu was recorded. It was admitted by the detenu that he had no licence for sale and purchase of the foreign exchange. Subsequently, another statement of the detenu was recorded on 9th April, 1984. It is not necessary to deal with all these statements except to note that the detenu admitted having purchased the aforesaid foreign exchange.