GASAM POUR KARAMI LIGVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Judgment, I propose to dispose of two connected criminal writ petitions No. 82 of 1989- Shri Gasam Pour Karami Ligwan vs. Union of India and others, arid Criminal Writ petition no. 86 of 1989--Rahim Khojasteh Muradi vs. Union of India and others, as both these petitioners (Iran nationals) alogwith one other were detained for having been found in possession of gold with foreign markings on the same day. At this stage, it may be noticed that the detention against their other colleagues namely Shri Torkzaban has already been quashed.

(2.) Both these petitioners are seeking the setting aside of the detention orders passed on 12th September, 1988 by Shri K. L. Verma, an especially empowered officer u/s 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), hereinafter called as COFEPOSA Act. The order was passed aginst the petitioners with a view to preventing them from abetting the smuggling of goods. There is no need to go into the circumstances under which the petitioners were arrested and detained and the numerous grounds urged by them in these petitions, as for the view that I intend to take, it is not necessary to elaborate all the grounds.

(3.) It is contended by the learned counsel for the petitioner that in exercise of their constitutional right, the petitioners on or about 5th November, 1988 made representations against their detention to the detaining authority through the Superintendent. Dum Dum Central Jail. Calcutta. In the said representations the petitioners not only requeued the detaining authority to revoke the detention order but also to supply them the copies of the material documents relied upon by the detaining authority, in Persian language-the only language known to them. so as to enable them to make a complete and effective representation. The copies of the representations are "Annexure'-C" to the respective petitions. The plea is that their representations have not been disposed of till date thus rendering their continued detention illegal.