MOHAMMED YASEEN Vs. JOINT SECY MINISTRY OF FINANCE

JUDGEMENT

(1.) This writ petition has been filed for the issue of a writ of habeas corpus to quash the order of detention passed by the first respondent in F. No. 673/67/89 - Cus. VIII dated 23-2-1989 and produce the body of the detenu Mohamed Yaseen now detained in the Central Prison, Madras before this Court and set him at liberty.

(2.) The first respondent, in exercise of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, as amended, passed the impugned order of detention with a view to preventing the detenu from engaging in keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing smuggled goods.

(3.) The short facts, which are necessary to be noticed for the purpose of this writ petition, are as follows :- Acting on information, the officers of the Directorate of Revenue Intelligence, Madras searched the premises of the petitioner situated at No. 53, First Floor, Mofuskhan Garden Street, Madras-1 on 11-2-1989 and recovered 81 gold biscuits with foreign markings of 10 total each along with Indian Currency of Rs. 1,20,000/- representing the sale proceeds of contraband gold. No other incriminating documents were found in that house. The petitioner was not in possession of any valid document evidencing the import and possession of the said gold biscuits with foreign markings and the Indian Curency. He gave a statement on 12-2-1989 before the Senior Intelligence Officer stating inter alia that he was staying in Colombo for about 20 years along with his father during which time he came to know one Manickavachagar of Colombo, that he met the said Manickavachagar about four months back, that he was helping him in the disposal of contraband gold arranged by him, that the said Manickavachagar used to deliver the contraband gold at the petitioner's residence, that one Theenshah used to come and take delivery of the gold, that for this job, he was paid Rs. 2,000/- by the said Manickvachagar and that he had received foreign marked gold on two earlier occasions and delivered them to one Theenshah on payment of Rs. 2,000/- each time. Further, the petitioner is alleged to have stated that similarly on 11-2-1989 he received and kept the said 81 gold biscuits with foreign markings in his house which were seized by the officers and that in addition to the abovesaid business, he was indulging in purchasing small quantity of foreign goods and gold from passengers coming from abroad and that the currency of Rupees 1,20,000/- represented the sale proceeds of gold. He was arrested on 12-2-1989 and produced before the Additional Chief Metropolitan Magistrate. He was remanded to judicial custody. A bail application was moved on his behalf, but the same was dismissed. Thereupon, a bail application was moved on behalf of the petitioner before this court on 20-2-1989 this court granted a conditional bail for two weeks. After having considered the said facts and other circumstances and being satisfied about the necessity to detain the petitioner, the first respondent passed the impugned order of detention.