SHERALI SHAIKH Vs. C D SINGH

JUDGEMENT

(1.) BY means of this Writ petition the petitioner is impugning the order of detention dated 4th September, 1996 passed by Principal Secretary, Government of Maharashtra, Home Department, first respondent, detaining son of the petitioner Shaik Javed Ali (hereinafter referred to as "detenu") under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("Act" for short) with a view to preventing him in future from smuggling goods and directing him to be interned in the Bombay Central Prison.

(2.) THE prejudicial activities of the detenu have been detailed in the grounds of detention which were served on the detenu on 17th February, 1997. The basis of the detenu's detention is a solitary incident dated 4th of March, 1996. On that day, when the detenu was going to Dubai via Karachi, he was intercepted by the Customs Intelligence Officers at Sahar Airport, Mumbai. The grounds of detention disclose that when the detenu was intercepted, he was asked by the Intelligence Officer whether he was carrying any currency with him. It is stated that the detenu was having 65 capsules in his stomach and in these capsules foreign currency worth rupees six lacs in Indian rupees was concealed by him. It is further stated that the detenu voluntarily ejected 49, 16 and 13 capsules on 4th, 5th and 7th of March 1996 respectively and foreign currency worth rupees seven lacs in Indian rupees was found. The order of detention was passed on 4th September,1996 and it was executed only on 17th February, 1997 i.e. nearly five months after the date of passing of the order of detention.

(3.) ACCORDING to the respondents the original detention order in English together with the grounds of detention and documents relied upon along with Urdu translation of the same was sent to the Assistant Commissioner of Police, PCB, CID, Greater Mumbai vide letter dated 4th September, 1996 for executing the same upon the detenu. The Assistant Commissioner of Police (H.Q.), Crime Branch (P), CID, Mumbai vide letters dated 24th September, 1996 and 9th January, 1997 informed that the efforts were made to trace the detenu on the following dates viz. 4th September 1996, 10th September 1996, 23rd September 1996, 14th October 1996, 13th November 1996 and 18th December 1996. Despite all efforts made to trace the detenu, he could not be traced and, therefore, a request was made to take action under Section 7(1) of the Act. It is also stated that wireless was sent to Adilabad (Andhra Pradesh) Police for making discreet enquiries about the availability and whereabouts of the detenu as the detenu hails from Adilabadi. It is also stated that the detenu's case was also referred to the Ministry of External Affairs and accordingly detenu's name was included in PAC list by Ministry of External Affairs (CPV. Division) directing the authorities not to extend any passport facility to the detenu. In an additional affidavit filed by Mr.R.Y.Nalawade, Desk Officer, Home Department (Special), Mantralaya, Mumbai, it is stated that action under Section 7(1) of the Act was not taken in view of arrest of the detenu on 17th February, 1997. In short, the respondents have denied that there was delay in execution of the detention order.