MOHAMMAD ISMAIL Vs. UNION OF INDIA

JUDGEMENT

(1.) Section 9(1)(b) and (d) of the Foreign Exchange Regulation Act, 1973, relevant for the purpose of this habeas corpus petition, is extracted below :

(2.) The residential house of Bashir Khan detenu son of Hazi Noor Khan of Fatehpur (Dist. Sikar), was, on an information received, searched 25th Jan., '91, by the officials of the Central Excise and Customs, Bikaner, and certain documents relating to 'Hawala" payments were recovered and seized from his house. The officers of the Customs, Bikaner, also recorded his statements on 25th Jan., '91, 26th Jan., '91, 30th Jan., '91 and on 31st Jan., '91, wherein, Bashir Khan, inter alia, stated that the documents seized from his residence contained details of 'Hawala' payments of Rs. 33 lakhs (approx.), which were made by him to various persons in India, as per the instructions of his brother Mohd. Ishaq, who was in service at Doha (Qatar). On reference from the Customs Department, Bikaner, the Officers of the Enforcement Directorate, Jaipur, went to Bikaner, and took over the seized documents from the Customs Officers. They recorded the statement of Bashir Khan under Section 40 of FERA, from which, it appeared that after the passing of his Secondary School Examination in 1976, Bashir Khan had worked as a mason for five or six years in Sharjah and another five or six years in Qatar, and he returned to India in the year 1988, and since then he was residing in India and serving M/s. Madani Travels on a monthly salary of Rs. 400.00. Thereafter Bashir Khan had opened his own Video Parlour at Fatehpur. Ishaq Noor Khan, brother of Bashir Khan, was in service at Doha (Qatar) for the last five years, and since 1989-90, Ishaq Noor Khan started to send money from Doha (Qatar), to Bashir Khan, through some persons, and the documents seized from his residence showed payments made by him to various person in India (whose relatives resided abroad) as per instructions of Ishaq Noor Khan, and that he had, in this manner, made payments totalling Rs. 33 lakhs, to Various persons in Rajasthan.

(3.) Statement of Bashir Khan was also recorded by the officials of the Enforcement Directorate, on 1st Feb., '91. From that statement, it appeared that Ishaq Noor Khan had collected foreign exchange in Qatar, which Ishaq used to send to Liyakat at Saudi Arabia, and in lieu thereof, Liyakat's brother Gulam Murtaza made payments in Indian currency to Abdul Rashid at Fatehpur, and in his town, Abdul Rashid made payments to various persons. Further statement of Bashir Khan was recorded on 2nd Feb., '91, and that revealed that Ishaq had visited India only once in March/April, 1990, and since then, Abdul Rashid and his brother started indulging in the 'Hawala' transactions by making compensatory payments. Various documents (Annexs. A to G) seized by the customs Officials were explained by Abdul Rashid in his statement.