ISHWAR PARASRAM PANJABI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in these four writ petitions is to the orders of detention passed on 7th December, 1988 by the Joint Secretary, Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act'.

(2.) The main contentions which were raised in Crl.W. No. 11 of 1989 filed by Ishwar Parasram Panjabi are common to the other petitions but as additional contentions were raised on behalf of the other petitioners, it is more appropriate to oeal with and consider the common contentions in Ishwar Panjabi's Case and to separately consider the additional contentions raised by the other detenus. Cri. W. No. 11 of 1989

(3.) Briefly stated, the case of the petitioner Ishwar Panjabi is that while he was attending to his business as the sole proprietor of M/s Modesto Corporat on on the morning of 18th November. 1988, the Customs Officials entered his premises and searched the same and recovered cash of Rs. 2,87,750.00 . According to the petitioner, no Panchnama of the said seizure was prepared and he was taken to his residence where again search was conducted and some art cles and papers seized. The petitioner was then taken to the premises No. 201. Sainik Farms, New Delhi where a search of the said premises was going on. According to the petitioner, the said premises are owned by his sister-in-law and the petitioner is her Power of Attorney holder and in September, 1987, by a regular lease deed, the said premises had ben let out to the Libenan Ambassador. The possession of the premises is alleged to be with the said Ambassador and, it is alleged, that the sign board to this effect is prominently displayed on the main gate of the said premises. According to the petitioner, he delivered photo dopy of the lease deed along with general power of attorney and two photo copies of the cheques, issued by the Ambassador of Liberia, to the Customs officials at the Sainik Farms in the afternoon of 18th November, 1988 after he had called for these documents from a Chartered Accountant Shri L. D. Kriplani. The petitioner was kept in the Customs House and was produced at the residence of the Addl. Chief Metropolitan Magistrate on the night of 21st November. 1988. It is further alleged that the petitioner, while he was in custody, was mal-treated and physically assaulted with the result that both his legs suffered grievous injury and he was admitted to Ram Manohar Lohia Hospital. On 22nd November. 1988 he was produced in Court and the petitioner retracted all the statements which had been taken from him earlier.