VIRSA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) As common questions arise for consideration in these writ petitions viz., cr. Writ Petitioner No. 165 of 1988, 166 of 1988 and 167 of 1988, this judgment disposes of all them.

(2.) The petitioner in Cr. Writ Petitioner No. 165 of 1988 is Virsa Singh: the petitioner in Cr. Writ Petition No. 166 of 1988 is Nirmal Singh and the third petition (Cr. Writ Petition No. 167 of 1988) has been filed by Satpal Singh. The Petitioners are challenging separate orders of detention dated the 21st January, 1988 passed under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1964(hereinafter referred to as COFEPOSA Act), which were passed with a view to preventing them from engaging in transporting and concealing smuggled goods. They were served with the detention order while they were in judicial custody in two cases, (1) under the Arms Act and the (2) under Sections 132 and 135 of the Customs Act. The grounds of detention also dated the 21st January, 1988 were served on them after two or three days of service of the detention order.

(3.) In the petitions for Habeas Corpus various grounds have been taken but before us, during arguments, only three pleas were urged. Before we deal with those pleas, it is appropriate to set out the facts so far as they are relevant to the decision of these petitions.