RASHEED ULLA KHAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The order of the first respondent in No. 1106/L&O-II/97-01 dated 13-10-1997 detaining one Farhatulla Khan alias Shanawaz Khan alias Syed Saleem Hussain (hereinafter referred to as the "detenu") under Sec. 3 (1) (i) and 3 (1) (in) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "the COFEPOSA Act") is under challenge in this writ petition. The petitioner is the elder brother of the detenu.

(2.) In the grounds of detention supplied to the detenu, it is stated that whilethe detenu along with his brother Shafiulla Khan was about to board flight IC 591A to Sharjah, he was intercepted by the officials of the Directorate of Revenue Intelligence and when his checked-in baggage was searched, it was found that he was carrying, without declaration, foreign currency and travellers cheques valued at Rs. 20,73,452/- and that the detenu confessed the illicit export of foreign currency and travellers cheques. After referring to the various details of the detenu and his business, the grounds further mention that the detenu engaged himself in smuggling of foreign currency and travellers cheques out of India right from the month of February, 1997; that he is habitually indulging in smuggling activities and that with a view to prevent him from engaging in the smuggling of foreign exchange in future also, he is being detained under the COFEPOSA Act.

(3.) After the arrest of the detenu, he was produced before the Special Judgefor Economic Offences, Hyderabad and he was remanded to judicial custody. The bail applications filed by the detenu were rejected by the learned Judge and he was released in terms of Section 167(2)(a)(ii) of the Criminal Procedure Code on 14-10-1997 but however, it could not be given effect to as he was already taken into preventive detention by virtue of the impugned order of detention.