LALLUBHAI JOGIBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners herein who came to be preventively detained pursuant to the various orders of detention under S. 3(2) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (For short-COFEPOSA) as briefly indicated in the table appended below and on the basis of which only some proceedings against them by way of various notices under S. 6 of Smugglers and Foreign Exchange Manipulators (Forfeiture of Properties) Act, 1976 (for short-SAFEMA) came to be initiated, have by way of group of these 7 writ petitions challenged the same under Articles 14, 19, 21, 22 and 226 of the Constitution of India, inter alia praying for two reliefs by way of issuance of the writ of certiorari quashing and setting aside (i) the order of detention passed under COFEPOSA; and (ii) the impugned notices issued against them.

(2.) The relevant particulars regarding each of the petitions having a bearing on the decision of the case are set out and indexed in a chart tabulated as under: <FRM> Sr. No. Spl.Cr. Appln No. Dt. of dtn. order under COFEPOSA Notice u/s.6 SAFEMA dated Whether dtn revoked Whether documents supplied Whether grounds in existence at the time of dtn. order 1. 381/ 91. 19-12-74 27-2-79 NO NO No. Grounds. formulated on 23-12-74. 2. 909/ 90. 19-12-74 20-6-76 NO NO No. Grounds formulated 9-8-76 on 20-12-74. 3. 312/ 91. 19-12-74 22-2-77 NO NO No. Grounds formulated 7-3-81 on 21-12-74. 4. 380/ 91. 9-9-76 NIL NO 5. 514/ 91. 21-6-75 26-9-74 Yes NO No. Grounds formulated 23-6-75. 6. 581/ 91. 21-6-75 7-2-78 Yes NO -do- WITH 7. 783/ 91. 21-6-75 7-2-78 Yes NO -do- </FRM>

(3.) Mr. S. H. Sanjanwala, the learned advocate appearing for the petitioners while challenging the legality and validity of impugned notices under section 6 of the SAFEMA, has contended that since the said proceedings were essentially based upon original detention orders under Section 3(2) of the COFEPOSA against each of the petitioners, unless they are proved to be legal and valid, no proceedings under section 6 of the SAFEMA can ever be initiated. Accordingly, Mr. Sanjanwala further submitted that the original orders of detention under COFEPOSA were liable to be quashed and set aside on the following three grounds.