ZAHOOR AHMED PESHIMAM Vs. UNION OF INDIA

JUDGEMENT

(1.) BY consent of all the learned Counsel, these two petitions were taken up for hearing and final disposal together. Since the facts are common and identical contentions have been raised before us, we find it convenient to dispose of both the petitions by this common Judgment and Order.

(2.) WRIT Petition No. 1212 of 1996 is filed by Zahoor Ahmed Peshimam, father of the detenu, Sajid Ahmed Peshimam. He was an employee of Al Samit International Travels and Tours Pvt. Ltd. (for short "al Samit I Tand T" ). Writ Petition No. 1385 of 1996, is filed by Smt. Hussaina Kasim Dhorajiwala, wife of the detenu, Kasim Dhorajiwala. He is a partner of the firm Travel Fuel Exchange Bureau, (for short T. F. E. B.) which is a full fledged money changer firm, licensed under the provisions of section 73 of the Foreign Exchange Regulation Act, 1973, (F. E. R. A. ). In respect of both the detenus, separate orders have been issued on 3rd September, 1996, by the detaining authority Shri K. L. Verma, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue (COFEPOSA Unit ). The said orders dated 3-9-1996 have been issued in exercise of the powers conferred upon him by section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (COFEPOSA ). The detaining authority was satisfied with respect to the said detenus Sajid Ahmed and Kasim Dhorajiwala that with a view to preventing them in future from acting in any manner prejudicial to the conservation of foreign exchange, it was necessary to make an order of detention. Both the orders of detention were served on the detenus on September 20, 1996.

(3.) IT may be mentioned that two more petitions have been filed viz. Criminal Writ Petition No. 1402 of 1996, filed by Madan Singh, claiming to be a friend and employee of the detenu Dhirajlal Visharia and Criminal Writ Petition No. 134 of 1997, filed by Smt. Rehana Imtiaz Dholkawala, wife of the detenu Imtiaz Dholkawala. Dhirajlal Visharia is alleged to be indulging in the business of illegal purchase and sale of foreign exchange at Kamathipura, Central Mumbai. Imtiaz Dholkawala, senior partner of travel fuel Exchange. Bureau (T. F. E. B.) which, as referred to above, is a full-fledged licensed money changer. However, since the Counsel appearing in these two petitions relating to Dhiraj Visharia and Imtiaz Dholkawala stated that they would like to argue their petitions on separate grounds of challenge, we are not dealing with the said two petitions in this Judgment. This Judgment is, therefore, confined to Writ Petition No. 1212 of 1996 and Writ Petition No. 1385 of 1996.