YAHYA ALI AHMAD FAHEM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition seeks to challenge an order passed by the Government of Maharashtra on 29th September, 1982 Detaining the petitioner under section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974, hereinafter referred to as "the COFEPOSA Act." The order was executed on the same day. Also on the same day the grounds of detention were supplied to the petitioner in accordance with law. This petition has been filed on 3rd November, 1982 challenging the said order of detention.

(2.) Before considering the contentions raised by Mr. Sawant, appearing in support of the petition, it would be profitable to briefly refer to the grounds of detention on which the order of detention has been passed . The communication containing the grounds of detention has been annexed as Exh. A to the petition. In paragraph (a) of the said communication the circumstances in which the petitioner arrived at Bombay by Yemen Airways have been mentioned. When he so arrived he was carrying only on hand bag. On examination he was found to be carrying in a concealed manner one tape recorder. He was asked as to whether he had any gold, wristwatches or drugs in his possession and the reply given by the petitioner was in the negative. However, on examination it was found that he was carrying with him foreign currency equivalent to Indian Rs. 58, 875. It was also found that he was wearing one cloth bundle tightly around his waist. When that was searched, it was found to contain 109 gold sovereigns totally weighing 872 gms. The value of this gold was Rs. 87,200 at international market rate and Rs. 1.44,752 at the local market rate.

(3.) In paragraph (b) of the communication it has been mentioned that the petitioner was taken to Colaba area where he identified the shop premises of M/s. Salim Brothers at Ormiston Road near Taj Mahal Hotel. The petitioner told the Customs authorities that the two persons who were there were the persons who were to receive gold and foreign currency. Names of these persons were given as Mohammed Salim and Mohammed Hassan Salim. The search of the shop premises resulted in the seizure of foreign currency of U.S. Dollars 2,800 which has been found concealed in a brown coloured spectacle case for which Mohammed Salim referred to above could not gibe any satisfactory explanation.