V KUNHALI Vs. UNION OF INDIA

JUDGEMENT

(1.) On 17th May, 1987, the Sub-Collector, Ottapalam apprehended Shri V. Aboobacker Siddiqui son of the present petitioner at Shoranpur Railway Station with US $6700, Sandi Riyals 11520, Oman Riyals 635, HAE Dhs 3055, Qatar Riyals 1500, Kuwait Dinars 100 and certain documents. The said foreign currencies and the documents were seized by the said Collector on the same day. The matter was intimated to the Enforcement Directorate Calicut, who in turn, took over the case properties from the Sub-Collector, under section 33(2) of the Foreign Exchange Regulation Act. 1973 (hereinafter called the Act) on 18th May, 1987. On the same day- custody of the accused was also handed over to the officers of the Enforcement Directorate

(2.) As a follow up action the residential premises of the accused were searched under section 37 of the Act, but nothing was seized. On the basis of the investigation, the accused was arrested under section 35 of the Act and was produced before the Chief Judicial Magistrate, Calicut on the next day. He was, however, released on bail on 28th May, 1987 on the condition of execution of a bond of Rs. 10,000.00 with one surety for the like amount and that he shall not leave the Corporation limits of Calicut find also to report to the Directorate on every Monday and Thursday. Subsequent to his release on bail, the accused retracted h is statement alleged to have been recorded on 15th May, 1987 to 20th May, 1957.

(3.) With a view to preventing the petitioner's son from indulging in activities prejudicial to the augmentation of country's foreign exchange resources, Shri K. Vishwanathan, Joint Secretary to the Government of India, passed the impugned order of detention on 25th September, 1987. In compliance with this order, the accused was arrested on 15th October 1987. Having been taken by surprise, the detenu preferred to file his representation to the detaining authority on 13.11.1987 which on consideration was rejected by it on 29.12.1987.