HARISH CHAWLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY virtue of Article 226 of the Constitution of India, this writ of Habeas Corpus is filed by the petitioner, who is the brother of detenu by name Anil Chawla @ Kamal Idnani, who is detained by order passed by the 2nd Respondent namely The Secretary to the Government of Maharashtra, Home Department, the Detaining Authority, dated 08-10-1997 bearing No. PSA 1297/47 SPL 3 (A), Under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, impugning the said detention order on the grounds specified in the Writ Petition and prayed to quash and set aside the same.

(2.) THE detenu Anil Chawla @ Kamal Idnani along with one Mr. Kishore B. Behrani were intercepted by the Narcotic Cell, Customs Preventive Functionary, just before 0100 hours on 12-12-1996 after getting the specific intelligence while both of them were in the process of boarding the flight No. AI-446 due for Bangalore at departure mode at Bombay on that day. On examination of the green coloured zipper bag of Mr. Kishore Behrani and his shoes, resulted in the seizure of foreign currency (pound sterling 10,700) equivalent Rs. 6,45,210/ -. Shri Kishore Behrani was a domestic passenger and was about to alight at Bangalore and that he was about to hand over the foreign currency above referred, in the flight to another passenger namely the detenu in the instant case, who was having an Indian passport No. H-4040235 issued on 29-5-1990 at Bombay, travelling in the same flight to Singapore via Bangalore. Both were intercepted simultaneously and the currency above referred were recovered from the possession of Kishore Behrani and seized under the provisions of the Customs Act 1973 read with FERA 1973 immediately.

(3.) THE statement of the detenu by name Anil Chawla was recorded on 12-12-1996 under Section 106 of the Customs Act 1962 and in which inter alia he has stated that he worked as a taxi driver for five years and along with another person by name Shyam Chug started a partnership business in garments; that both used to earn around Rs. 4,000/- per month each; that used to visit at Singapore for the purpose of purchasing cutlery and electronic goods; that used to sell the same in Ulhasnagar for a profit; that their visit to Singapore on the latest occasion was for the purpose of selling the designed punjabi suits; and to sell the same in Singapore at good price; and that however due to the changed policy of the Government there was not much profit to be earned by bringing foreign house hold goods into India; that they subsequently found that there was a good margin of profit in dealing in computer parts; and that during his last visit to Singapure, the detenu carried latest design of Punjabi suits and fresh vegetables which fetches a higher price; that he left for Singapore on 29-11-1996; that he sold the same to an old friend of his by name Gulu whom he had met many times on his earlier visits; and that he has also seen the said Gulu at Ulhasnagar. But however he did not know the residence of Gulu; that Gulu told him that he would sell all the goods and arrange for delivering the sale proceeds at his shop in Ulhasnagar; and that accordingly he left the goods with Gulu in Hotel room No.304, Lodge No.276, Surgoon Road, Singapore, and returned on the next day to Bombay on 30-11-1996; that on 06-12-1996 a person named Asif came to his shop and handed over a sealed cover and told that the same was handed over to him on the direction of one Gulu; and that he opened the cover and found that it contained around 11,000 pound sterling; that thereafter he made plans to make a trip to Singapore for the purchase of computer parts; and that he was scared to carry currency by himself; that he recollected that he had met a boy named Hero Behrani, introduced to him by his brother Raj in the last week of November 1996; that he had promised him a chance to make some money and that, he was willing to do any job; that he booked a ticket of a fictitious name i. e. Kishore D. for 11-12-1996 for sector Bombay-Bangalore on AI 446/12-12-1996/0100 hours; and that he met Hero in the afternoon on 11-12-1996 and told him that Hero is to accompany him from Bombay to Mangalore and that Hero shall hand over the foreign currency concealed in a pair of shoes and some other items inside the flight; that Hero would alight at Bangalore and return to Bombay by bus; that he would proceed to Singapore for the purchase of computer parts; and that he handed over Hero Rs. 2,000/- as monetary consideration in addition to other expenses for which Hero agreed; that he also told Hero that his ticket was purchased in the name of Kishore D; that he met Hero around 1900 hours on 11-12-1996 and went to the Airport and after reaching the Airport he bought his ticket for the same flight, that after checking in at the Airline counter, both proceeded to the parking lot outside and exchanged the shoes as both wear shoes of the same size; that the shoes he gave to Hero contained part of the foreign currency concealed in the sole of the shoes; that the said concealment of the foreign currency was done by him; that he also gave Hero a white towel with the rest of the currency concealed in its folds; that 10700 pounds sterling were totally concealed in the shoes and towel; that he requested for two seats in the same row at the airline counter at the time of checking in, so that there would not be any difficulty for handing over/exchanging the towel and shoes inside the flight; that his name and address shown in the passport are fictitious; that his real name is Anil Chawla; that he was aware that smuggling out foreign currency was an offence. He identified Hero and vice versa and both admitted the recovery of foreign currency of 10700 pound sterling.