FAROOK ALI @ AMJATH AND V. RAJENDRAN (IN THE MATTER OF THE DETENU FAROOK ALI @ AMJATH - PETITIONER HEREIN) Vs. THE STATE OF TAMIL NADU REPRESENTED BY THE ADDITIONAL SECRETARY TO THE GOVERNMENT PUBLIC (S) DEPARTMENT, FORT ST. GEORGE, MADRAS-9,

JUDGEMENT

(1.) THIS judgment will dispose of W.P. Nos. 11102 and 12028 of 1989 since the detenu in respect of whom the two petitions have been filed, have been detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the (COFEPOSA ACT) in respect of one transaction.

(2.) FAROOK Ali alias Amjath, Son of Mohideen (detenu W.P. No. 11102 of 1989) V. Rajendran (detenu in W.P. No. 12028 of 1989) were detained by the order of detention passed in respect of each by the first Respondent on 25 -7 -1989 under Section 3(1)(i) of the COFEPOSA Act. The allegation against the detenus, who were arrested by the Customs Officer at the Madras Air Port, was that they attempted to smuggle gold into India. Since the grounds on which the impugned order of detention was passed in each of the two cases have been set out in detail in the grounds of detention, it is not necessary to recapitulate the same.

(3.) IN the counter filed on behalf of the first Respondent in W.P. No. 12028 of 1989, the said paragraph 3(x) has been replied in the following manner: