M MOHAMMAD ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein seeks awrit of habeas corpus or any other appropriate writ, order Ordirection under Article 226 of the Constitution of India read withSection 482 of the Code of Criminal Procedure, with the consequential prayer for his release forthwith, after quashing theorder of detention dated 16/12/1987, passed by respondent No. 2 herein, namely, Shri K. L. Verma, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue. New Delhi, in exercise of the powers conferred on him under Section 3(1) of the Conservation of

(2.) The facts, as called from the grounds of detention, brieflystated are that one Mohindeen Abdul Khader, resident of 15/81.East Street, Kailakarai, a police in Romanad District, TamilNadu was apprehended by the officers of the Central Excise.Coimbatore. at a place in Tamil Nadu. on 9/07/1987, whilehe was travelling in Bus No. TCB-1274 plying between Palaniand Pollachi and was found in possession of a sum ofRs. 6.00,000.00. Certain documents such as accounts, receipts,chits given by the parties were also recovered from his possession. The currency and the documents were seized andhanded over to the Directorate of Enforcement for furtherinvestigation. During the course of interrogation on 10thJuly, 1987. the said Mohindeen Abdul Khader disclosed thatout of the seized amount of Rs. 6,00,000; Rs. 3,00,000 weremeant tor making payment to M. Mohammed Ali (petitioner),and that this name figured in one of the slips seized from him,and that on earlier occasion also, a sum of Rs. 2,00,000 hadbeen paid by him to the said M. Mohammed Ali, which alsowas indicated on one of the slips, seized from the aforesaidMohindeen Abdul Khader. He further revealed that payments were made on behalf of one Amer of Dubai.

(3.) Pursuant to the aforesaid disclosure, a search of theresidential premises of the petitioner at Wandoor, in DistrictMalappuram, State of Kerala, was conducted on 11/07/1987. There also number of documents, such as small slips,accounts and other documents were recovered. They wereduly seized, under a Mahazar prepared at the spot. The petitioner revealed in his statement given to the officers of theEnforcement Directorate on 11/07/1987 that he hadworked from 11/10/1978 upto 12/10/1980in Dubai, and thereafter in Saudi Arabia from 21/07/1981to 31/07/1985 and that he had seven brothers out of whomthree were still working abroad. He gave their names as wellas addresses of the places they were working; all of whichhappened to be in Saudi Arabia.