M JAMALUDDIN Vs. DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) The prayer in the Writ Petition is as follows:

(2.) The Petitioner is a native of Adiramapatinam in Tanjore District and got a job in Dubai and he has been working there. It seems that he came to India on 20th February 1989 and he left his native place on 17.5.1989. The allegation in the affidavit is that when certain people visited the Petitioner's house to see him off, they handed over certain envelopes to be carried to Dubai. With these envelopes, the Petitioner reached Madras Airport and the allegation is that he was enquired by the Enforcement Officer and was detained till 6.00 p.m. The Petitioner states that though he had nothing to do with the letters and envelopes or other documents, a search was made on him and that the said envelopes, letters and documents were seized and his passport was also taken away from him. The allegation is that the seizure of the passport and the detention of the same is illegal, as the respondents have no power to seize or take away the passport either under the Passport Act or under the Foreign Exchange Regulation Act. The further allegation is that the seizure of the passport was not entered into the Mahazar and even assuming that the Officer has power to seize the passport, still the seizure is illegal inasmuch as the officer has not complied with the provisions of Section 34(8) of the Foreign Exchange Regulation Act.

(3.) Notice of motion has been ordered by this Court on 26.6.1989. The respondents have filed the counter affidavit It is stated in the counter affidavit that on 18.5.1989 the petitioner was apprehended by the officers of the respondent at the Departure Hall, International Airport, Meenambakkam, Madras and his person and the Petitioner's suit case was searched under Section 34 of the Foreign Exchange Regulation Act, 1973 in the presence of the two independent witnesses. After the search, certain envelopes and documents were recovered from the suit case of the Petitioner and they were seized under a mahazar, a copy of which was given to the petitioner. The Petitioner came voluntarily to the office of the respondent and gave a statement in English in his own hand writing on 19.6.1980 before the Chief Enforcement Officer, Madras. It seems in the statement, the Petitioner has admitted having received Rs.26,75,000/- from various persons in India and having made payments to the extent of Rs.25,43,400/- to various persons in India as per the instructions of one A.S. Ahamed Jalal of Dubai, a person resident outside India. The Petitioner's Indian passport was issued at Dubai on 9.7.1987 and it was taken under a receipt on 19.5.1989 by the Chief Enforcement Officer, Madras under the Foreign Exchange Regulation Act, 1973.