MOHAMMAD JAMIL Vs. UNION OF INDIA

JUDGEMENT

(1.) On July, 29, 1998 the petitioner was arrested by the Custom Authority from Netaji Subhas Chandra Bose International Airport, Calcutta in connection with a case being Case No. C-924 of 1998. The allegation made against the petitioner is that a sum of Rs. 13,34,500/- (Indian Currency) was recovered from the possession of the petitioner and on demand the petitioner failed to justify the possession of the said amount by producing any valid document.

(2.) The petitioner was subsequently released on bail on September 7, 1998 by this Court in connection with the aforesaid case and while granting bail a condition was imposed directing the petitioner to meet in Investigating Officer Mr. A. K. Singh at Customs House, 15, Strand Road, Calcutta thrice a week, i.e., on every Monday, Wednesday and Friday.

(3.) While on bail the petitioner complied with the conditions imposed by this Court. On November 6, 1998 the petitioner was detained by Sri A. K. Singh, the Investigating Officer of Customs Case No. C-924 of 1998 when the petitioner had been to the Customs House in compliance with the direction of this Court. The petitioner was served with an order of detention under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, bearing No. 673/71/98 CUS VIII dated November 3, 1998 issued by Sri Somnath Pal, Joint Secretary, Government of India, Ministry of Finance, Department of Revenue, COFEPOSA Section. Aggrieved thereby the petitioner has preferred this application under Article 226 of the Constitution of India seeking a Writ of Habeas Corpus.