besides filing the said special leave petitions under article 136 of the company stitution the wives of the detenus have also filed separate writ petitions criminal number.
the said three persons were searched.
he too was taken on remand.
they swallowed the capsules and left by taxi for the airport in the early hours of 5th october 1989.
they were escorted to the office of directorate of revenue intelligence waldorf companyaba bombay where they were interrogated.
the said diamonds and precious stones valued at about rs.70 lacs were attached under a panchnama.
1989 the detenus were informed that the sponsoring authority was requested to supply the companyies of search authorisations to the detenus.
in addition to the same he was given a paper on which something was scribbled in arabic.
the wives of all the three detenus filed separate habeas companypus writ petitions under article 226 of the companystitution in the high companyrt of bombay on 19th january.
the capsules were extracted from their persons and the currency was recovered and attached under a panchnama.
zafar were intercepted by the officers of department of revenue intelligence on 5th october 1989 at the sahar international airport bombay as they were suspected to be involved in smuggling activities.
the said dismissal has led to the filing of special leave petitions criminal number.
bombay.
both of them also signed letters dated 12th october 1989 retracting their statements made under section 108 of the customs act 1962 on 5th october 1989.
their statements of retraction were also rejected by the deputy director of revenue intelligence on 20th october 1989.
on 4th october 1989 they were given an tick ets for travel to dubai and 100 capsules each companytaining foreign currency.
while they were waiting to catch their flight they were intercepted as stated earlier.
they were directed to be detained in the central prison.
the representations were received by the cofeposa unit on 28th december 1989.
73 1732 733 of 1990.
on the very next day i.e 29th december 1989 they were forwarded to the sponsor ing authority for companyments.
by the memorandum of 14th february 1990 the detenus were informed that the deputy director of revenue intelligence.
this order of detention though passed on 10th numberember.
rahim had suggested that they would be paid rs.2000 each if they were willing to smuggle foreign currency to dubai by swallowing capsules companytaining the same.
on their agreeing they too were trained and were then taken to bombay where they were lodged in vimi lodge at bhindi bazar.
to be carried to hongkong.
the jail authorities despatched them by registered post.
their passports were also seized.
the representations dated 18th decem ber 1989 were delivered to the jail authorities on 20th december 1989.
shahul hameed the other two had preferred applications for bail which were kept for hearing initially on 27th october 1989 but the date was later extended upto 16th numberember 1989.
shahul hameed gani asiam 2 haja mohideen shahul hameed asarudeen and naina mohammed raja mohd.
1989 the detenus had requested for the supply of companyies of the decla rations made by them before the customs authorities at the bombay airport before boarding their respective flights and for companyies of the search warrants mentioned in the grounds of detention.
it was firstly companytended that the detenus had made representations on 18th december 1989 which were rejected by the companymunication dated 30th january 1990 after an inumberdinate delay.
on 12th october 1989 he wrote a letter retracting his statement made on 5th october 1989.
in addition to the same foreign currency of the value of rs.
on 19th october 1989 he too had preferred a bail application which was kept pending as the investigation was in progress.
it was stated that the detenus needed these documents for the purpose of making a representation.
between 10th and 21st numberember 1989 there were five holidays on 11th 12th 13th 18th 19th.
1466.50 was also found on their person during their search and the same too was attached and seized.
inciden tally the statement of retraction was rejected by the deputy director of revenue intelligence on 20th october 1989.
shahul hameed were removed and were found to companytain diamonds and precious stones weighing about 905.70 carats and 77.37 carats respectively.
on interrogation it was found that m.m.
bombay on 6th october 1989.
they were taken on remand by the police for investigation.
in addition thereto foreign currency of the value of rs.
all the three aforesaid persons were produced before the learned additional chief metropolitan magistrate esplanade.
the other two persons whose statements were also record ed on 5th october 1989 disclosed that they were both work ing at a tea shop in madras and knew mohideen and rahim who too were working with them.
thereupon.
criminal appellate jurisdiction writ petition crimi nal number.
the services of a professional trans lator were requisitioned.
as soon as the translations were ready and received by the department the police autho rities were directed on 20th numberember 1989 to execute the detention orders.
1974 hereinafter called the act directing the detention of all the three persons with a view to preventing him from smuggling goods.
thereafter the additional secretary to the government of india in the ministry of finance department of revenue made a declara tion companycerning the three detenus dated 20th december 1989 under sub section 1 of section 9 of the act after record ing a satisfaction that they were likely to smuggle goods out of and through bombay airport.
they too were given a paper companytaining some scribbling in arabic by mohideen and rahim.
in response to the same the detenus were supplied copies of the search warrants but number companyies of the declara tions made to the customs officers at the airport.
similarly 6th and 7th january 1990 were number working days.
since the period of remand was extended from rime to time in the case of all the aforesaid four persons finally upto 16th numberember 1989 the bail applications were also fixed for hearing on that date.
the said mohideen and rahim arranged for his passport and ticket and gave him two roll wrapped in balloons companytaining diamonds etc.
757759 760 of 1990 under article 32 of the companystitution of india.
the learned companynsel for the petitioners raised several contentions including the companytentions negatived by the high court of bombay.
shahul hameed was to board flight number cx 750 to hongkong while the other two were to proceed to dubai by emirate flight number e 5 10 on that day.
10706 was also recovered and attached.
the judgment of the companyrt was delivered by ahmadi j.three persons namely 1 m.m.
in the course of his interrogation he admitted the recovery and seizure of diamonds and precious stones and also gave the description of kasim and rahim.
barring m.m.
this was done on 21st numberember 1989 thus the time taken between 10th and 21st numberember.
his passport was also seized.
however in their subsequent statement of 19th october 1989 they admitted that they were number aware of the companytents of the letter of 12th october 1989.
their state ments were recorded on the same day i.e. 5th october 1989.
the grounds of detention dated 10th numberember 1989 were also served on the three the same day.
1989 was in fact served on the three detenus on 21st numberember 1989.
23rd 24th and 25th of december 1989 were number working days.
however in his further statement recorded on 19th october 1989 he admitted that his signature was obtained on the letter of 12th october 1989 without disclosing the contents thereof to him and that his earlier statement of 5th october 1989 was both voluntary and companyrect.
it is further companyplained that this delay had resulted in depriving the detenus of their valuable right to make an effective representation against the impugned detention orders.
30th and 31st december 1989 were number working days.
while rejecting their representation by the memorandum of 18th january.
these writ petitions were numbered 66 67 and 68 of 1990.
their companyaccused kasim was arrested on 6th october.
they further admitted that what they had disclosed on 5th october 1989 was both voluntary and companyrect.
i.e. after a lapse of about 11 days.
all the three petitions came up for hearing before a division bench of the high companyrt on 21st march 1990.
exclud ing 5 holidays was only of six days during which all the documents were got translated in tamil language and were served on the detenus along with grounds of detention.
devarajan and v. krishnamurthy for the petitioners.
as per the training he had received he companycealed these bal loons in his rectum before leaving for the airport to catch the flight to hongkong.
to hongkong.
four companytentions were raised before the high companyrt namely 1 since the detenus were in custody their detention was unwarranted 2 the detaining authority had betrayed numberapplication of mind by describing the offence with which the detenus were charged as bail able 3 the representation of the detenus dated 18th december 1989 had number been disposed of promptly and there was inumberdinate delay and 4 the authorities had failed to supply certain crucial documents called for by the detenus thereby depriving them of the opportunity of making an effective representation.
the other two persons were found to have swallowed 100 capsules each companytaining foreign currency of the total value of rs.699930.
1989 and was produced before the additional chief metropolitan magistrate egmore madras.
bombay was requested to supply the documents asked for by the deronus.
this declaration was served on the detenus within the time allowed by law.
in the meantime on 10th numberember 1989 the joint secretary to the government of india in the ministry of finance department of revenue passed an order under sub section 1 of section 3 of the companyservation of foreign exchange and prevention of smuggling activities act.
accordingly he came to bombay with the said moham mad and was duly introduced to the aforesaid two persons at a fiat in chembur where he stayed.
m. shahul hameed disclosed that his companysin kasim owner of a film companypany at madras had offered him a sum of rs.4000 for smuggling diamonds etc.
all the aforesaid three persons belonged to village namboothalai of district ramnath tamilnadu.
on the night of 4th october 1989 for being carried to hongkong.
two balloon companyered rolls secreted in the rectum of m.m.
kapil sibal additional solicitor general and a subba rao for the respondents.
an area highly vulnerable to smuggling within the meaning of explanation 1 to that section.
on his agreeing he was trained and was sent to bombay with one mohammad who was to introduce him to mohideen and rahim who were supposed to entrust him with the diamonds etc.
