SAROJ MAMDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY filing this writ of Habeas Corpus under Article 226 of The Constitution of India, the petitioner who is the mother of the detenu by name Karim Kamaluddin Mamdani @ Zahid Hamid Pinwala @ Mustaffa Hassanbhai Lokhandwala @ Rahim impugning the order of detention passed by the second respondent dated 17-12-1997 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and quash the same for want of its propriety and legality. Both the order of detention as well as the grounds of detention and the documents referred in Annexures A, B and C respectively were served upon the detenu contemporaneously on the same day.

(2.) THE examination of the Traveller cheques revealed that 30 Traveller cheques worth US $ 30,000 were issued on behalf of Wall Street Banking Corporation by M/s Time and Travels Cargo, Mumbai 38, Traveller cheques worth US $ 19,000 were issued on behalf of American Express, by M/s Aerospace Travels Pvt.Ltd., further 15 Traveller cheques, worth US $ 1500 were issued on behalf of M/s Visa by M/s Swinder Singh Sethi Investments.

(3.) STATEMENT of Yatindossa, Chairman and Managing Director of M/s.Aerospace Travels Pvt.Ltd was recorded on 13-5-97 under section 108 of the Customs Act, 1962. The statements thus above referred and recorded was found fully in confirmity with the statement given by the detenu himself.