ISHWARLAL C SURANA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These two writ appeals are directed against the order dated 10-8-1998 made by the learned single Judge in W. P. Nos. 6871 and 6872/98.

(2.) The appellants filed Writ Petitions 6871 and 6872/98 seeking writ of Mandamus forbearing the respondents from in any manner implementing the order of detention passed by them pursuant to the occurrence that had taken place on 21-12-1994. The learned single Judge, after hearing the learned counsel for the parties, by the common order under appeal, dismissed both the writ petitions. Hence these writ appeals are filed.

(3.) In brief, the facts leading to the filing of these writ appeals, are as follows :-The appellants state that the orders of detention have been already passed against them under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short, "COFEPOSA" act). It is not disputed that the appellants have not so far been available to the detaining authority and according to the respondents they are absconding. In this view the writ petitions are filed at the pre detention stage for the relief as stated above. A common counter affidavit has been filed by the first respondent, stating that the detention orders have in fact been passed taking into consideration the activities of the appellants, and more particularly to prevent them from continuing those activities in future.