LAWS(BOM)-1991-11-1

KAMRUDDIN ABDUL AZIZ Vs. L HMINGLIANA

Decided On November 19, 1991
KAMRUDDIN ABDUL AZIZ Appellant
V/S
L.HMINGLIANA Respondents

JUDGEMENT

(1.) THE petitioner is the father of the detenue. His daughter Smt. Suhrabi Kamruddin Abdul Aziz was detained under Section 3 (1) of the Conservation of Foreign Exchange and revention of Smuggling Activities Act, 1974 by an order dated 12. 3. 1991 which was served upon heron 7. 5. 1991 along with grounds of detention and list of documents and the documents.

(2.) THE said order of detention is based on an incident dated 25. 7. 1990 at Sabar Airport when on arrival from abroad, the detenue Suhrabi was intercepted and searched. The search disclosed 14 foreign marked gold biscuits in her hand-bag. The contraband was seized, her statement was recorded immediately under the Customs Act, 1962 and the adjudication proceedings were also over on the same day i. e. on 25. 7. 1990.

(3.) ON 26. 7. 1990, she was produced before the Metropolitan Magistrate, where she was released on bail. The bail amount was later on reduced. The detenue Suhrabi availed of the bail on 22nd August 1990 arid she was set at liberty. It was only 6 months thereafter that her liberty was curtailed for the second time on 7. 5. 1991 by an order of detention dated 12. 3. 1991.