MEHRUNNISA BEGUM Vs. SECRETARY TO GOVERNMENT POLITICAL

JUDGEMENT

(1.) These three applications seeking a writ of habeas corpus are filed by the wife, friend and wife respectively of Mohd. Riazuddin Ahmed, Sharada Prasad Samal and Sadhamani Srinivas (hereinafter referred to as the "detenus") challenging the orders of the first respondent made in Order No. 70/LandO.II/A.1/2001-2, 3 and 4 dated 12-2-2001 under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "the Act") detaining them under S. 3(1)(i) of the Act.

(2.) Since common questions of fact and law arise in all the three writ petitions, they are heard together and are being disposed of by this common judgment.

(3.) In the grounds of detention, it is alleged that on 31-12-2000, a consignment has arrived at the Air Cargo Complex, Hyderabad from Sharjah under Air Way bill No. 058-3800-4455 of the Indian Airlines by flight I.C. No. 564 wherein four cartons were declared as containing Year-2001 diaries having no commercial value. The declared weight of the cargo was 144 kgs. However, on examination of the said cartons, it was found that in each of the cartons, along with certain diaries and books in Arabic language, there is one packet containing 100 foreign marked gold bars thus totalling to 400 foreign marked gold bars weighing 46.68 kgs which were valued at Rs. 2,14,72,800.00. Thereupon, the authorities have seized the entire gold along with the diaries under a pachanmama dated 31-12-2000 on the allegation of illicit import of gold and removal thereof without payment of the necessary taxes. It is also the case that the detenu-Mohd. Riazuddin Ahmed was engaged by one Asif of Dubai, who has been the consignor of gold to Hyderabad from Gulf countries and the other detenus viz., S. Srinivas and Sharda Prasad Samal who were working in the Air Cargo Complex as loaders, used to help the said Mohd. Riazuddin Ahmed in removing the gold from the cargo. Thereupon the statements of all the detenus were recorded under S. 108 of the Customs Act and recovered certain materials from their possession. The said statements were confessional in nature and from the statement of the detenu Mohd. Riazuddin Ahmed it was revealed that on earlier three occasions, viz. 10-12-2000, 17-12-2000 and 22-12-2000 he got the gold removed from the APSTC godown with the help of the aforesaid two loaders. Five cartons sent on the aforesaid dates have been identified by the authorities and were seized under a panchanama dated 2-1-2001 and accordingly a case was booked in File No. VIII/48/2/2000-HRU under S. 135 of the Customs Act against all the three detenus. The detenus were arrested on 1-1-2001 and produced before the Special Judge for Economic Offences, Hyderabad, who remanded them to judicial custody. Thereupon, the detenus moved bail applications before the said Court, which were dismissed. However, later, this Court granted bail to the detenus on certain conditions.