MOHAMMED NAHDI Vs. JOINT SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE NEW DELHI

JUDGEMENT

(1.) THIS is a petition filed under article 226 of the Constitution of India for issue of a Writ of Habeas Corpus directing the respondents to produce before this Court, Mr. Mohd. Ahmed Nahdi alias Yousuf, brother of the petitioner, at present lodged in the Central Prison, Hyderabad, and release him forthwith after quashing the Ordered dated 27.7.1990 passed by the 1st respondent in exercise of the powers conferred upon him under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, as amended, hereinafter referred to as "the Act", directing his detention in the Central Prison, Hyderabad, as illegal.

(2.) THE order of detention reads that it was passed with a view to preventing Mr. Mohd. Ahmed Nahdi Alias Yousuf, hereinafter referred to as "the detenu" from acting in any manner prejudicial to the augmentation of foreign exchange. Pursuant to the order of detention the detenu was actually taken into custody on 19.8.1990 and he was served with the grounds of detention on the same day. His Representation to the Government to rescind to order of detention was rejected on 23.10.1990. On a reference made to the Central Advisory Board, New Delhi, it was opined that there was sufficient ground for detaining him under the Act. Pursuant to the opinion tendered by the Advisory Board, the Government of India confirmed the order of detention and same was communicated to the detenu on 6.11.1990.

(3.) IT is also averred in the grounds of detention that the detenu made a statement before the Chief Enforcement Officer, Hyderabad on 7.4.1990 under section 40 of the Foreign Exchange Regulation Act, 1973 to the effect that he had been to Saudi Arabia in 1987 in search of employment, that his efforts however proved futile that he returned to Hyderabad, India, in April, 1989, that during his sojourn in Saudi Arabia he came into contact with Khaja Bhai, a petty trader or a broker, that after he returned to Hyderabad, Khaja Bhai contacted him at Hyderabad in October, 1989 and offered him employment, that Khaja Bhai informed him that he would be sending to him amounts periodically through his friends agents or employees, that on receipt of the amounts he should distribute the same to various persons whose relatives were employed in the gulf countries, that Khaja Bhai also promised to furnish the particulars or details of names and addresses of the recipients either on telephone or through some persons, that he accepted the assignment that in pursuance of the agreement reached with Khaja Bhai he was receiving payments from December. 1989 from Khaja Bhai through some unknown persons who were calling at his residence, that he was distributing the moneys in accordance with the instructions so received by him and that during the period commencing from 9.12.1989 to 2.4.1990 the amounts distributed by him at Hyderabad and other places in the country were in a sum of Rs. 84,20,000/ -. It is also alleged in the grounds of detention that the detenu made two more statements, one on 8.4.1990 and the other on 14.5.1990.