SULEMAN ISA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a group of applications wherein separate but similar orders all dated 19/09/1984 passed under sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (COFEPOSA Act for short) have been challenged by the petitioners. All the petitions arise out of the same facts. All the petitioners are represented by same counsel. With the consent of parties in the aforesaid circumstances all the petitions have been heard together and are being disposed of by this common judgment.

(2.) A few facts necessary for the purpose of this judgment need to be stated. Some information was received by the Customs Officer of the Diamond Harbour Preventive Unit Diamond Harbour 24 Parganas to the effect that some contraband goods were likely to be carried in some vehicles coming from Kakdwip a place 30 kms South of Kulpi More towards Calcutta. Pursuant to the same the said cargo was intercepted and a Jeep and an Ambassador car were examined which resulted in the recovery of wrist watches of foreign origin valued at Rs. 40 lakhs and more. The occupants of the said vehicles were interrogated and it was gathered from them that a trawler by name King Fisher had been used to bring the said watches from a foreign ship and that the watches were off-loaded at Harwood point Kakdwip. That trawler was located and searched and that resulted in recovery of 2 pairs of binoculars and a compass all of foreign origin. There were ten crew members on Board the said trawler out of whom eight are the present petitioners.

(3.) It has been urged in this group of petitions that because of the non-supply of copies of original documents the detenus right to make an effective representation under Article 22(5) of the Constitution is violated thus vitiating the orders of detention in the present group of cases. In paragraph 5 (iv) of Special Civil Application No. 231 of 1985 the averments in this connection are as under: