MOHAMMAD JAVED SIDDIQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY virtue of Article 226 of the Constitution of India, this writ of Habeaus Corpus has been preferred by the petitioner who is the brother of the detenu by name Mohammed Zulfikar Siddiqui detained by an order passed by the second respondent namely the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, vide his order F. No. 673/40/97-CUS-VIII dated 28-4-1997 under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 impugning and praying to quash the same. Both the detention order above referred along with the grounds of detention and the documents relied thereupon as shown in Exhibits A, B and C respectively were admittedly executed and served upon the detenu on 26-9-1997.

(2.) THE prejudicial activities which pertains to the passing of the above referred order of detention are briefly stated as under, for the purpose of appreciation of the entire case diary :-

(3.) IN his further statement taken on 27-8-1996, the detenu has stated inter alia that page No. 1 of bunch A seized from his residence contained certain calculations and other details like names and telephone number as stated in para 4 and that the above paper is a fax message sent to one Laxman having C/o Fax No. 2259169 at Bangalore and it contains the account of foreign currencies sent by him to the detenu during the period July, 1995 and payments made by the detenu on the instructions of Laxman; that the account written on left side corner of this page contains the details of foreign exchange sent to the detenu by Laxman.