MAZAHIR ABBAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition challenges the detention of the petitioner Mazahir , Abbas. The detenu was detained on 7th June 1994 in pursuance of a detention order made under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act bearing F.No.673/4/94- Cus.VIII dated 2nd February 1994. In fact according to the petitioner he had surrendered on 7th June 1994 in the Court of Addl.Chief Metropolitan Magistrate, New Delhi. On 10th June 1994, the detenu was served with the grounds of detention alongwith the relied upon documents as per list. Besides the detenu was served with English translation of 13 documents running into 42 pages which were in Hindi, a language not known to the detenu.

(2.) The allegations against the petitioner are:- (i) That on 12.12.1993, one Shri Pritam Singh, while leaving for Singapore was intercepted at the I.C.I. Airport, New Delhi, on search of whose brief case, U.S.$ 1,27,500 equivalent to Rs-39.33 lacs were found concealed; (ii) That in his statement the said Pritam Singh stated that the said brief case was given to him by the detenu and that he was working at the detenu's shop, Riz-ven Footwear for the last 3 years; and (iii) That the said Shri Pritam Singh retracted his above statement arid filed a criminal complaint on 13.1.1994 against some customs officers making serious grievance of physical torture and inflicting grievous injuries, in extracting involuntary and untrue statement, which complaint was for offences under sections 323/.325/34 and 330/506/409/217/219 and 120B of the Indian Penal Code.

(3.) It appears that the detaining authority proceeded on the basis that Pritam Singh was working at the shop of the petitioner for the last three years and as a result of employer-employee relationship, was asked to carry a brief case containing foreign currency to Singapore. The impugned order dated 2nd February 1994 says "with a view to preventing him from abetting smuggling of goods in future it is necessary to make the following order: xx xx xx". Thus the petitioner has been detained for allegedly abetting smuggling of contraband items.