IQBAL ALIAS LACHMAN Vs. SUPERINTENDENT OF CENTRAL JAIL

JUDGEMENT

(1.) The petitioner, who is a Pakistani national was arrested by the Customs Authorities on 18th October, 1964 in pursuance of a raid at D-115, Defence Colony, New Delhi under section 104 of the Customs Act. He was produced before the Additional District Magistrate on 19th October, 1964, a ordered to be released on bail.

(2.) Regarding the amount of bail there is a controversy between the parties as, according to the petitioner, he was ordered to furnish a bail bond in the sum of Rs. 3,000.00 which was subsequently increased to Rs. 5,000.00 but, according to the supplementary affidavit of the respondents, the bail amount was Rs. 20,000.00 with one surety which was enhanced by the learned Sessions Judge to Rs. 30,000.00 with two sureties. Before the petitioner could be actually released from jail by furnishing bail bond he was served with an order under clause (g) of sub-section (2) of section 3 of Foreigners Act (31 of 1946). The petitioner challenged the said order by a writ petition filed in the Punjab High Court which was dismissed on 26th November, 1964. The petitioner again challenged his detention by another writ petition (Criminal Writ Petition No. 48-D of 1965) before the Punjab High Court, but that was also dismissed on May 10, 1968. The petitioner was also proceeded under section 5 of the Registration of the Foreigners Act. He pleaded guilty and was sentenced to two months rigorous imprisonment. On 28th June, 1965, a complaint was filed against the petitioner under section 182/109, Indian Penal Code, and he was ordered to pay a fine of Rs. 200.00 On 19th August, 1965, an order was made against the petitioner under sub-section (1) of section 4 of the Foreigners Act when the petitioner was in detention under section 3(2)(g) of the said Act, inter alia, directing that the detenue shall not be taken out of the jail for any purpose without the previous permission of the Administrator of Delhi. The petitioner then made an application to the Court of the Additional District Magistrate praying that he should be allowed to withdraw the personal bond of Rs., 5,000.00 and be remanded to judicial custody.

(3.) There is another application, dated 31st May, 1965, by the petitioner in the case - A. C. Customs v. Mohd. Iqbal, under section 104/135, Customs Act, 1962, against him, inter alia stating-