C K OHD YAHYE Vs. DIRECTOR OF ENFORCEMENT

JUDGEMENT

(1.) - In this petition brought under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, the petitioner has sought quashment of detention order dated 19th September, 1986 passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) (hereinafter called the Act).

(2.) The facts in brief are that on March 22, 1986 the petitioner who was traveling in an autorikshaw was apprehended and was found carrying Indian currency worth Rs. 37,500/- and a chit in the names of two persons to whom the payments were to be made by the petitioner.

(3.) As a follow-up action, his residential premises were searched on the same day and Indian currency of the value of Rs. 3,64,500/was recovered. Statement of the petitioners mother was recorded under section 40 of the Foreign Exchange Regulation Act, 1973 which reveals that the amount and the two chits belong to the petitioner. Statement of the petitioner was also recorded on the same day in which he admitted that one Abdul Lathed of Abu Dhabi had engaged his services for making compensatory payments to the relations of non-resident Indians and he had sent Rs. 5,10,000/- which amount was distributed as per instructions of Abdul Latheef to four persons and remaining amount was yet to be distributed to two persons and the petitioner was apprehended. The Customs Officers had also later on recorded the statement of the said named persons to whom the amount had been distributed. All this investigation was completed by March 24, 1986. However, petitioner was arrested and was produced before the Magistrate at Calicut on March 24, 1986 and on the following day he was granted bail on execution of personal bond in the sum of Rs. 5,000/- with one surety in the like amount with directions to report to the Directorate of Enforcement on every second and fourth Mondays till June 15, 1986. On June 10, 1986 after the petitioner was enlarged on bail, the Enforcement Officer recorded further statement of the petitioner.