M PARKASH Vs. STATE

JUDGEMENT

(1.) The present application is for reduction of the amount of the surety bond and the number of sureties.

(2.) The petitioner was arrested on 12th April 1985 on account of his smuggling activities. On 22nd April 1985 an Additional Sessions Judge directed his release on furnishing a personal bond in the sum of Rs. 1,00,000.00 with two sureties for the like amount subject to some conditions. The petitioner was able to arrange sureties and, therefore, he was released. After his release, the respondent came up with an application for cancellation of bail on the ground that the petitioner was not complying with the conditions of bail. The learned Additional Sessions Judge by means of an order dated 6th May 1985 cancelled that bail. On 8th May 1985 the petitioner was arrested. In the mean while, as it appears, the proceedings under COFEPOSA for detention of the petitioner were started and the petitioner was directed to be detained. The arrest of the petitioner was under the provisions of COFEPOSA also and that detention order is still continuing.

(3.) I am told by the counsel for the petitioner that the petitioner has already filed a writ petition under Article 226 of the Constitution for quashing his detention and that the said petition is pending.