OMAR AHMED EBRAHIM NOORANI Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of detention of Omar Ahmed Ebrahim Neforani, a Kenyan national, was issued by the Government of Maharashtra on 2-9-1982 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. It was mentioned that this was with a view to prevent him from smuggling goods and for the purpose his detention was necessary.

(2.) At that time the detenue was not in India. He, however, was taken into custody on 18-10-1983 when he arrived in Delhi by air. He was taken to Bombay before the Chief Metropolitan Magistrate on the next date as the allegations were that he had earlier jumped bail in June 1982. On 20-10-1983 the aforesaid order of detention was; served on him when he was still in remand under the order of the Bombay Court. Ever since then he has been in detention.

(3.) The order of detention passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of the date 2-9-1982 described the detenu as a Kenyan National. No address of his in India was given. Similar was his description in the grounds of detention which were served upon him along with the detention order. These grounds have narrated the background which had resulted in the passing of. the detention order. Briefly stated the same was that the detenu had come to Bombay by air on 18-4-1982, from Bangkok. He passed through green channel and declared that he bad no dutiable or contraband article. However, his search by the Custom authorities revealed that he was carrying 500 grams of gold in his pouch, 250 grams of gold in one shoe and 100 grams of gold in the other shoe. The total gold, 850 grams so carried valued at Rs. 1.01(150. He was also found to be having a Rado Wrist Watch and some other articles valued at Rs. 47,600 M.V. His statement under Section 108 of the Customs Act was then recorded and he was taken into custody and produced before the Chief Metropolitan Magistrate, Bombay and remanded. Extensions' of remand were given by that court from time to time till 22-5-1982 when on his application he was released on bail subject to his furnishing cash bail of Rs 40,000.