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Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, J.CHELAMESWAR
Mohd.Abdul Qayyum - Appellant
Versus
Union of India - Respondent
Decided On : 02-26-04
Conservation of Foreign exchange and Prevention of Smuggling activities Act, 1974 – Section 3 – Constitution of India – Article 22 (5) –Detention, Lack of knowledge –The learned Senior Counsel appearing for both the petitioners in these two writ petitions made the following submissions –that neither of the detenus have sufficient knowledge of English; the orders of detention, the grounds of detention and all the material relied upon for passing the orders of detention, supplied to the petitioners are in English and not in the language known to the petitioners, which according to them is Urdu their mother tongue, consequentially resulting in a deprivation of the right guaranteed under of the Constitution of India – Copies of the report of the Customs department on the basis of which these two detention orders came to be passed are not supplied to the petitioners and hence there is a violation –Lastly, the learned Counsel submitted that there is a delay on the part of union of India in considering the representation made by each of these detenus, which would vitiate the detention orders –Held, Court regret our inability to accept the said submission –The fact that the respondents choose to communicate translated copies in Urdu, of the order of detention and the grounds of detention, in our view, does not lead to the inference that the detenus do not have sufficient knowledge of English in the context of the Constitution of India –Court only look at the act of the respondents in supplying such translated copies as an act in exercise of abundant caution –Court, therefore, reject the first submission made by the learned counsel for the detenus –Court has gone through the explanation and Court is satisfied that there was no undue delay in considering the representations made by the detenus, and therefore, court is of the view that the orders of detention are not vitiated on that counter – Writ Petitions dismissed
( 1 ) THESE two writ petitions are filed challenging the orders of preventive detention issued by the specially Empowered Officer, who happens to be the Secretary (Political) to the government of Andhra Pradesh, under section 3 of the Conservation of Foreign exchange and Prevention of Smuggling activities Act, 1974 (for short "cofeposa act" ). By two separate orders dated 31. 10. 2003, the two petitioners in these two writ petitions were directed to be detained under the provisions of COFEPOSA Act.
( 2 ) FACTS in brief which occasioned the passing of the orders are: One Mohd. Aziz, who has an Indian Passport, issued at Riyadh, who was holding a ticket to united Arab Emirates with a Boarding Pass bearing No. 241 on which a seat 39a was earmarked to the passport holder, was intercepted when he approached the customs departure counter for customs clearance by the customs authorities (Air Intelligence Unit, Hyderabad Airport ). On a search from the baggage of the said mr. Aziz, the authorities found assorted foreign currencies, equivalent to Rs. 1,21,06,5 60. 00. Thereafter, the said Mr Aziz was dechecked on a suspicion that he was smuggling the foreign currency out of India, and therefore, violated the provisions of the Customs act, 1962, and the Foreign Exchange management Act, 1999. All this happened on 12-9-2003. Thereafter, the statement of the said Mr. Aziz was recorded under section 108 of the Customs Act, 1962, by the Superintendent of Customs (Preventive), hyderabad-II Commissionerate, Hyderabad. In the above-mentioned statement, it appears, the said Mr Aziz informed that one Lateef proposed that a free air ticket and visa to Dubai would be given to him provided that he agrees to carry some foreign currency to Dubai and hand over the same to one mr. Hafeez, who is said to be the brother of the above-mentioned Mr. Lateef. Mr. Aziz agreed for the same on a consideration that if the job is accomplished, Mr. Aziz would be provided with some employment in Dubai by the above-mentioned Mr. Hafeez. From the impugned order, it appears that mr Aziz also informed in his examination under Section 108 of the Customs Act that one Mr. Siddiqui, who is the petitioner in w. P. No. 728 of 2004 and the above mentioned Lateef are partners in such illegal business of dealing in foreign currency. Thereafter, a ticket to Dubai for the scheduled travel on 12-9-2003 was given to mr Aziz by Mr. Lateef on 11-9-2003 evening. On the morning of 12th September, 2003, both the above-mentioned Lateef and siddiqui went to the house of Mr Aziz and handed over a zipper bag containing foreign currency kept concealed in sweet boxes. When Mr Aziz went to the Airport to undertake the journey to Dubai, the petitioner in W. P. No. 727 of 2004 Mr. Qayyam also joined Mr Aziz on the way.
( 3 ) IN the background of the above- mentioned statement of Mr Aziz, the house of Aziz was searched on 12-9-2003 under a warrant and certain documents were seized. Further, the residences of both these petitioners were searched under warrants and some more documents were seized. From the detention orders, it appears that two computers from the residences of qayyum and one computer from the residence of Siddiqui were also seized. They were sent to the Government examiner at ramantapur, Hyderabad, for examination. On such examination of the hard disk of each of these computers, some more material, which brings out the involvement of these two petitioners along with others that the illegal transactions of foreign exchange, was retrieved and hence these impugned orders. The further factual details may not be very necessary for the purpose of these two writ petitions.
( 4 ) BOTH the petitioners sent representations, which bear the date 8-12-2003, but signed on 10-12-2003 to (1) the detaining authority (2) the Government of Andhra pradesh, (3) Government of India and also (4) the Advisory Board constituted under the Act. The Advisory Board met on 12-12-2003 and recom
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