SOPHIA GULAM MOHAMMAD BHAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH filing this writ of Habeas corpus under Article 226 of the Constitution of India, the petitioner, who is the sister of the detenu, by name, Mr. Bham Faisal Gulam Mohammed, detained by the order of detention passed vide No. SPL. 3 (A)/psa/89 dated 24-2-1998 by the 2nd respondent-Mr. G. S. Sandhu, Secretary to the government of Maharashtra, Home Department (Preventive detention), Mantralaya, Mumbai-400032, under section 3 (1) of the Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974 (52 of 1974) seeks to challenge the same for illegality and impropriety alleged. The order of detention, grounds of detention and copies of the documents relied on by the detaining authority totalling 57 in number, all the three shown in Annexures A , B and C , respectively of the compilation, were seemed to have been served upon the detenu on 24-2-1998, on the same day simultaneously.

(2.) THE prejudicial activities, grounded in the grounds of detention shown in Annexure B , in substratum, are extracted hereunder : The officers of Air Intelligence Unit at Module I, department, on 10-8-1997, intercepted one passenger by name mr. Bham Faisal Gulam Mohammed, who is the detenu herein holding Indian Passport bearing No. A-3491330 issued at ahmedabad on 30-6-1997 valid till 7-2-1998 and also one old passport bearing No. E-2059399 (sic) issued at Bombay in his name on 8-2-1998. The detenu, at that time, was found holding a Cathey Pacific Airline passenger s ticket issued in his name for the flight No. CX-750 dated 10-8-1997 B. K. K. for the sector Mumbai-Bangkok boarding No. 0281, Seat No. 31-H, vide ticket No. 6296:077:461:2 issued on 1-8-1997 and an open ticket bearing No. 6296:077:462:3 issued by Cathey pacific for the sector Bangkok to Yangon. On enquiry it was revealed that he had checked in one dark blue zipper suit case bearing No. CX-437726. The spot interrogation with him and the scrutiny of travel document and passport created suspicion and that therefore a detailed examination of the suitcase in the presence of panchas, showed that in a false cavity in the bottom of the suitcase he had concealed one cardboard rectangular shaped packet. The examination thereof revealed the recovery of 90 polyethylene packets of cut and polished diamond of different shapes and colours which were valued by Government approved valuer at Rs. 2,43,63,096. 25 imv and the same were seized in the reasonable belief that they were to be smuggled out of India and hence liable for confiscation under the provisions of the Customs Act, 1962. The dark blue suitcase, the rectangular packet which contained the polyethylene bag with diamonds, the lock and key which were used to lock and open the said suitcase and the Cathey Pacific Airlines security seal, were also seized as court exhibits under the provisions of the Customs Act, 1962 after returning the personal belongings to the detenu. During investigation, the resident of one Mr. Hameed Farook at 20, Nafis Chamber, 5th floor, G. P. O. , L. T. Road, Bombay 400001 was searched which resulted in seizure of diamonds of various weights containing packets Sr. No. 1 to 10 which were later valued at Rs. 2,24,575. 15 and cash of Rs. 25,000/-under a panchnama dated 10-8-1997 with the reasonable belief that they were the part of the consignment of the diamonds and other previous stones which were earlier seized at mumbai, Sahar Airport on 10-8-1997 from him at the time when he was about to depart to Bangkok by flight No. CX-750 dated 10-8-1997. The seized diamonds from Sr. No. 1 to Sr. No. 10 (under panchanama dated 10-8-1997) was valued by the government valuer at Rs. 2,24,575. 15 under panchanama dated 10-8-1997 at AIU Office, Module II, NIPT, Sahar Airport, mumbai.

(3.) THEN the premises at St. Andrews Apartments B-12, 1st floor, M. Setti Marg, Mumbai-400008 were searched on the same day. Mr. Mohammed Bhai Hussain was not available. The search resulted in the seizure of Tamita Diamond weighing scale, lens, diamond picking forcep, steel-trays, papers used for wrapping diamonds, visiting cards, photograph of shri Mohamood Hussain, Maroon Colour Diary, zerox copy of ration card, three telephones bills and electric bill and society bill under a panchanama dated 10-8-1997 (Sr. No. 1 to 14) with the belief that these items would be used in the enquiry proceedings of this case.