ABDUL REHMAN JUMAKHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment shall also dispose Criminal Writ Petition No. 530/87 (Sh. Sattar Usman Wadiwala v. Union of India & Ors.) as both these petitions raise common questions of fact and law. On April 22, 1987 Sh. Abdul Rehman Jumakhan (petitioner in Crl. W. 529/87) and Sh. Sattar Usman Wadiwala (petitioner in Cri. W. No. 530/87) arrived at Calcutta Airport from Hong Kong via Bangkok. They were intercepted by the Intelligence Officers of the Custom. Their person and baggage were searched. On personal search Indian currency amounting to Rs. 10,000.00 was recovered from the possession of each of them. No contraband item was recovered from their baggage. However, after protracted interrogation both of them confessed that they had secreted contraband gold bars inside their rectum, Thereafter Sattar Usman Wadiwala ejected through his anal passage three packets containing six gold bars of 10 tolas each. Similarly Abdul Rehman Jumakhan ejected through his anal passage three packets containing six gold bars of 10 tolas each. They had no valid documents in support of the importation of the said gold bars. The Indian currency, gold bars, travelling documents etc. were seized. Both of them, thereafter, it is stated, made confessional statement before the Custom Officers.

(2.) They were arrested on April 22, 1987 and were produced before the Chief Judicial Magistrate, North 24 Paraganas Barasat on April 23, 1987 who remanded them to judicial custody till 7.5.1987. It was further extended from time to time till July 1, 1987. They applied for bail before the Calcutta High Court. Their applications were rejected on May 14, 1987. The bail was, however, granted by the High Court of Calcutta on June 19, 1987 on certain conditions. On June 26, 1987 the petitioners moved applications before the High Court for modification of the bail orders dated June 19, 1987 and the orders were modified on July 6, 1987.

(3.) On July 2, 1987 Sh. S.K.Kohli, Joint Secretary to the Govt. of India (respondent No. 2), especially empowered in this behalf, with a view to prevent them from smuggling goods in future, directed their detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by two separate orders-one in respect of Abdul Rehman Jumakhan and the other in respect of Sattar Usman Wadiwala. The detention orders were served on them on July 7, 1987 when they were in Dumdum jail, Calcutta.