on 7.8.80 the detenu jahaubar moulana was interrogated and a statement was recorded which incriminated himself and others.
295188 were seized by the customs officers alongwith the car.
gujral additional secretary to the govt.
the information about the call was verified with reference to the record of trunk calls and it was found that on the various dated mentioned trunk calls had been booked from telephone number 315 at kila karai to telephone number 27115 at madras.
the detenu made a representation on 4.2.81.
he was granted interim bail on 12.8.80 and the bail was finally companyfirmed on 16.8.80.
the goods which were valued at rs.
ram jethmalani and miss rani jethmalani for the petitioner.
on august 6 1980 a car in which the detenu jahaubar moulana was travelling was intercepted by customs officers near perumber kandigal diversion road on tiruchirappalli madras s.t.
subsequently on 31.10.80 shri b.b.
the reference to the record of trunk calls was made for the purpose of verifying the trunk call which was received on 7.8.80 at telephone number 27115 in the premises number 66 malayappan street when the customs officers were there.
on 14.8.80 the detenu claims to have sent a communication addressed to the assistant companylector of customs cuddalore in which according to him he retracted from the statement made by him on 7.8.80 and claimed that the earlier statement had been obtained from him by torturing him.
the order of detention and the grounds of detention were served on jahaubar moulana on 2.2.81.
original jurisdiction writ petition number 1745 of 1981.
according to the respondent they could number be served earlier as jahaubar moulana was number available and was avoiding service and arrest.
he was taken before the magistrate on 8.8.80 and was remanded to custody.
according to the case of the detenu this communication was sent by him under certificate of posting.
the judgment of the companyrt was delivered by chinnappa reddy j. in this application under art.
under article 32 of the companystitution of india.
of india ministry of finance made an order of preventive detention against the detenu jahaubar moulana under s. 3 1 of the companyservation of foreign exchange and prevention of smuggling activities act.
32 of the companystitution we are companycerned with the question of the legality of the detention of jahaubar moulana under the provisions of the companyservation of foreign exchange and prevention of smuggling activities act 1974.
m. abdul khader and miss a. subhashini for the respondents.
on a search of the car 768 wrist watches of foreign origin and 1560 semi precious stones were found ingeniously companycealed in the panelling of the front doors and the cavity between the petrol tank and the steel plate covering the petrol tank.
