R SWAMINATHAN Vs. G S SANDHU

JUDGEMENT

(1.) BOTH these petitions are based on almost identical facts and raise common question of law based thereon. They were heard together by consent of the parties and are being disposed of by this common judgment.

(2.) THE Detenus are ordered to be detained by the order dated 12th November, 1999 separately passed in both the petitions by Respondent No. 1 in exercise of the powers conferred upon him under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities 1974 ( hereinafter referred to as the "cofeposa Act" ). THE detention order dated 12th November, 1999 and the grounds of detention were served upon the detenus in both the petitions on 15th November, 1999. THE detenus were however already arrested on 17th August, 1999 in an offence registered against them on the allegation of smuggling gold in India. THE Petitioners have filed the petitions praying for quashing of the detention orders passed against the detenus by Respondent No. 1.

(3.) IT is in the above averments made by the petitioners and the detaining authority, we have to decide as to whether the non-placement of the order dated 17th August, 1999 of the Court and its non consideration by the detaining authority has vitiated the subjective satisfaction reached by the detaining authority in the instant matter.