9911796707
TMI Blog1986 (3) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... f Foreign Exchange and Prevention of Smuggling Activities Act (for short known as the Act) with a view to preventing her from acting in any manner prejudicial to the augmentation of foreign exchange. The detention order is challenged on a variety of grounds. However, before we notice the facts and the sequence of events on which the detaining authority has formed the subjective satisfaction, it is necessary to bear in mind some essential and relevant facts and dates. 2. The detenu is admittedly a sixty-eight years old lady. She is ailing and is illiterate. She has three sons, Abdul Ghafoor, Kamal Bachta and Farooq, the petitioner. Kamal Bachta and Abdul Ghafoor live in Dubai. The name of the wife of Kamal Bachta is Jalma Beevi while t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny Trinitron Colour T.V. - KV 2032 was recovered from the premises of Abdul Ghafoor on 8.2.1985. This television was opened in the presence of Smt. Mehrunnissa and her brother Jaberullah on 10.2.1985 and on search thereof six gold biscuits of foreign origin valued at Rs. 1,44,550/- were recovered. 5. This was followed by the statement of Jaberullah wherein he stated that when Abdul Ghafoor came to India last, he asked him to sell the foreign goods sent by Abdul Ghafoor and hand over the sale proceeds to his mother. He further stated that even the goods seized from his residence were all sent by his brother-in-law Abdul Ghafoor from Dubai which were cleared through Air Cargo by two travellers and that some of these goods had already be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The detenu was arrested and was remanded to judicial custody. The recovery of foreign goods has been confirmed by her in her statement dated 22.2.1985. In that statement she also admitted that for the last 2 or 3 years she has been making payment to persons in India as per instructions of Abdul Ghafoor and that instructions were sent through letters, telegrams and telephone. About payments she is alleged to have stated that these were made to various parties with the assistance of Jaberullah. 9. It will be seen that in the list of payments made to various parties, the detenu is involved by name in making the following payments only :- Item Date Amount 28 Jan.1980 Rs. 13,000/- 39 Nil Rs. 50,000/- 44(c) Dec.1984 Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also the proprietor of ARC Jewellery shop. 11. We were taken through those statements by the learned counsel for the detenu and we have noticed that the involvement of the detenu is not specifically made mention of. All that is stated is that three gold biscuits were sold to VPR Jewellery shop by Jaberullah accompanied by two ladies. A bare perusal of these statements would show that these documents are important at least for the determination of the question of involvement of the detenu. If the stand of the respondents that these documents were not relied upon is correct, then we take it that these were not placed before the detaining authority. Non-placing of these documents before the detaining authority, in view of the nature of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vehemently urged that the subjective satisfaction arrived at by the detaining authority cannot be made a subject-matter of judicial review on the basis of sufficiency or insufficiency of material. We lost no time to accept the contention. The main question, however, still survives as to whether the subjective satisfaction arrived at by the detaining authority could be reasonably arrived at on the basis of this material. This is an area in detention matters which does call for judicial scrutiny. After going through the entire material, we are of the view that there is no reasonable basis for drawing an inference from this material about the involvement of the detenu. She cannot even remotely be said to have any knowledge as to what was happe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
