ABDUL REHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution for the issue of a writ of habeas corpus has been filed on behalf of one Shamshuddin Mohomed Saleh (hereinafter referred to as "the detenu"). He has been detained by an order passed by the Joint Secretary, Government of India, Ministry of Finance, on 1st Aug. 1985 under S. 3(1) or the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as the "COFEPOSA Act"). Along with the order of detention he was supplied with the grounds of detention and copies of the documents which were considered and relied upon by the Detaining Authority. The list of these documents was attached to the grounds of detention.

(2.) Before proceeding to consider the challenge made by the detenu to the order of detention, it will be useful to note briefly the facts leading to the detention. They are to be gathered from the grounds of detention dt. 1st Aug. 1985. It has been mentioned therein that on 29th June 1985 officers of the Directorate of Revenue Intelligence, Bombay, searched the business premises of Messrs Tip Top Agencies and Exports situated in Ebrahim Manor Building on S. V. P. Road, Bombay. Several documents and Indian currency amounting to Rs. 9210/- were seized during that search when the detenu and one Moosa, both partners of the firm mentioned above, were present in the premises.

(3.) The detenu made a statement on 29th June 1985 which was recorded by the officers of the Directorate of Revenue Intelligence under S. 108 of the Customs Act. In that statement he has given details of the transactions of making payments and receiving payments to and from the several persons at the instance of one Mohomed of Bombay. These transactions were of the magnitude of Rs. 5 to 7 lacs per week. He has also stated that during the period of the previous four months preceding the date of the statement, the transactions indulged in by him were to the extent of Rs. 75 lacs to Rs. 80 lacs.