NIRANJAN DAYABHAI CHOKSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) At the request and with the consent of the learned Advocates appearing on behalf of the petitioners, the learned A.P.Ps. appearing on behalf of the State Authority and the learned Counsel appearing on behalf of the Union of India and the Competent Authority, these 7 petitions arising under Art. 226 of the Constitution of India, presenting similar questions of facts and law, have been taken for hearing together and they shall be decided and disposed of by this common judgment.

(2.) The following Table shows the Special Criminal Application Numbers, the name of the petitioners, the name of the detenues and the date of the notice under the relevant provisions of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as 'SAFEMA, 1976') : SR. No. Spl. Cri. Appli No. Petitioners Detenu Date of Notice Under SAFEMA 1976 1. 289 of 1990 Niranjan D. Chokshi N.D Chokshi 30/07/1977 Smt. Surekha N. Chokshi 2. 704 of 1990 Sureshchandra S. G. Chokshi 28/07/1987 G. Chokshi Smt. Dhangauri G. Chokshi 3. 723 of 1990 Laxmanbhai @ Laxmanbhai @ Oct. 24, 1977 Lallubhai Govindbhai Lallubhai Govindbhai 4. 377 of 1991 Suresh Thakorebhai Suresh T. Desai 27/03/1979 Desai 5. 745 of 1991 Mohd. Ebrahim Abdullah Feb. 15, 1983 lanmohmed Janmohmed 6. 747 of 1991 Smt. Urmilaben Manubhai Oct. 10, 1985 M. Desai P. Desai 7. 748 of 1981 Kishore Chunilal Kishore C. Chokshi Sept. 26,1979 Chokshi

(3.) By filing the aforementioned 7 petitions the petitioners not only challenged the notices issued under Sec. 7 of the SAFEMA, 1976 but they also challenged the original orders of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (now hereinafter referred to as 'COFEPOSA, 1974').