A BOOMUSWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH these writ petitions which arise out of identical facts can be disposed of by this common judgment.

(2.) IN Writ petition No. 24/1991 A. Boomuswamy who is the detenu is the petitioner. Writ Petition No. 25/1991 is filed by Muttu Srinivasan who is the other detenu in that case.

(3.) IN both the cases the sponsoring authority Collectorate of Customs, Panaji, Goa, forwarded two proposals to the detaining authority for the purpose of detaining the detenus under the provisions of sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereafter the Act ). It is now no longer in dispute that the sponsoring authority forwarded additional material right upto 11th July, 1991 in respect of both the detenus. The detaining authority who is the Chief Minister of State of Goa, holding the portfolio of Home Department (General) applied its mind to the material placed before it and on 13th July, 1991 passed two detention Orders in respect of the two petitioners directing their detention under sub-section (1) of sections 3 of the Act. The grounds in support of the respective detention Orders were formulated on the same day. Both the detention Orders were served on the petitioners on 26th July, 1991 while both of them were in judicial custody. The petitioners made representations to the concerned authorities, but they were rejected. It is thereafter that the present petitions came to be filed on 19th October, 1991 under Article 226 of the Constitution of India.