SAT PAL MANCHANDA Vs. M L WADHAWAN

JUDGEMENT

(1.) This judgment will dispose of Criminal Writ No. 333/86 filed by Sat Pal Manchanda and Criminal Writ No. 334/86 filed by his brother Raj Pal Manchanda.

(2.) In these writ petitions the challenge is to the orders of detention dated 19th March 1986, passed by Shri M.L. Wadhawan, Additional Secretary to Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA). The ground on which the order has been passed is that the detention is necessary with a view to prevent the peti- tioners from abetting the smuggling of good.

(3.) In the orders of detention it is mentioned that the detenus were also furnished with the grounds on which the detention orders were passed. The perusal of the grounds discloses that apart from other material, which was relied upon by the detaining authority while passing detention order, the detaining authority also took into consideration the statements which were recorded, under Section 108 of the Customs Act of Pawan Kumar and Balwinder Kumar. Both these persons are stated to be the nephews of the detenus and they were also, likewise, detained by similar orders dated 19th March 1986.