SHRITUSHAR THAKKER MARIAMTAYABAUZANZIBARWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will cover two writ petitions. Writ Petition (Crl.) 481 of 1980 is by Mariam Tayabali Zanzibarwala seeking a writ of habeas corpus for the release of the detenu who is her husband. Writ Petition (Crl.) 528 of 1980 has been filed by Tushar Thakker on behalf of the detenu, Harish Vrajalal Thakker.

(2.) The premises of the detenu in writ petition 481/1980 were searched by Officers of the Directorate of Enforcement in connection with certain alleged illegal remittances made by certain persons through M/s. Thomas Cook (Overseas) Ltd., and some recoveries of purported incriminating documents were seized. The detenu was arrested on the same day and remanded to judicial custody. He was released later on bail on the condition that he should attend the Office of the Directorate of Enforcement daily. On his applications this condition was progressively relaxed by the Chief Metropolitan Magistrate.

(3.) On September 5, 1979, the detenu was arrested in pursuance of a detention order dated August 31, 1979 issued by Shri B. B. Gujral, Additional Secretary, in the Ministry Of Finance (Revenue), Government of India. The grounds of detention under Section 3 of the COFEPOSA were also supplied to him on the same date.