AYSHATH FATHIMA Vs. JOINT SECRETARY GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE NEW DELHI

JUDGEMENT

(1.) One Ayshath Fathima (petitioner) is the wife of the detenu Mohammed Jaffar Ali. The residential premises of the detenu was searched on 14-9-1994 by the Enforcement Directorate and the Officers seized Indian currency to the tune of Rs. 2,54,650/- and three bunches of loose sheets. They also, it is said, searched Room No. 22 at No. 76 Savarimuthu Street, Madras and recovered Rs. 1,10,000/- Indian currency and certain sheets of papers. A statement under S. 40 of Foreign Exchange Regulation Act, 1973, it is said, was recorded from the detenu, in which he was alleged to have stated that one Ahmad Maulana of Singapore is his relative and he persuaded him to receive payment and distribute the same to the persons, whose names and addresses would be furnished by the said Ahmad Maulana. He, it is further said, also employed persons, viz., Ahmad Jalaluddin, Mahmood and Nandagopal, with a view to distribute the monies to the intended persons. Statements, it is said, were also recorded from the employees, viz., Ahmad Jalaluddin and Nandagopal. Further, a statement was also said to have been recorded from the detenu on 15-9-1994, on which date he had been arrested and remanded to custody.

(2.) Crl. M.P. No. 766 of 1994, it is said, had been filed before the Additional Chief Metropolitan Magistrate (E.O. II), Madras, for his release on bail. Similarly another application being Crl. M.P. No. 764 of 1994 had been filed for his release on bail before the very same Court. Crl. M.P. No. 766 of 1994 had been dismissed as withdrawn, and the other application Crl. M.P. No. 764 of 1994 was also dismissed. Subsequently, he filed Crl. M.P. No. 6443 of 1994 before the Principal Sessions Judge, Madras. The detenu was released on condition bail by order dated 24-10-1994, which order was further modified in Crl. M. P. No. 6797 of 1994, dated 4-11-1994. In all these bail applications, the detenu had specifically retracted his earlier confession statement given before the enforcement authorities. Subsequent to his release on bail, it is said, further statement was recorded from the detenu on 10-11-1994.

(3.) Joint Secretary to Government of India, Ministry of Finance, Department of Revenue, New Delhi (1st respondent), in his proceedings F.No. 673/197/94-CUS. VIII. dated 12-12-1994, in exercise of the powers conferred by S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), with a view to preventing the detenu in future from acting in any manner prejudicial to the augmentation of foreign exchange clamped upon him the impugned order of detention.