NAINA JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ application praying for a writ in the nature of Habeas Corpus, challenging the order of detention of Sri Nisit Jain, alias Bapi Jain, dated November 1, 1995, passed by Mr. K.L. Verma, Joint Secretary to the Government of India, in exercise of the powers conferred under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter referred to as "the said Act"), with a view to prevent him in future from acting in any manner prejudicial to the augmentation of foreign exchange, and on the strength of the said order, he was kept in custody in the Presidency Jail, Alipore, Calcutta.

(2.) THE facts relevant for the purpose of this case are as follows : "The detenue was detained on March 26, 1997. The allegation on the basis of which the order of detention was passed and was detained was that information was received that Banwarilal Soni and Murarilal Soni, of 15, Hariram Goenka Street, Calcutta, were receiving and making payments in Indian currency at Calcutta under instruction of a person, resident of Bangladesh. Besides, they were also receiving gold biscuits at Calcutta and after selling the same, they used to send the sale proceeds of the gold biscuits to Bangladesh".

(3.) THE said Sri Banwarilal Soni made a statement on 15th December, 1995, recorded under Section 40 of the Foreign Exchange Regulation Act, 1973, wherein it was stated that he and his brother's actual job was to receive Indian currency from one Bapi Jain of Ganesh Talkies, and also to make payments to various persons under instructions of Shahjahan of Motijhil, Dacca, Bangladesh.