SHOBHA V KAWADE Vs. UNION OF INDIA

JUDGEMENT

(1.) AS the detenus in all these four criminal writ petitions are co-detenus and the orders of detention arise out of the same set of facts, at the request of the learned counsel for both sides, these writ petitions are heard together and are being disposed of by this common judgment.

(2.) SO far as Criminal Writ Petition No.87 of 1995 is concerned, the order of detention was passed on 20.12.1994 in respect of the detenu by name Pranlal Bhaichand Timbadia under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "COFEPOSA Act) by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi. The said order was served on the detenu on 21.12.1994. The grounds of detention accompanying the order of detention show the involvement of the detenu on a very large scale in unauthorised purchase of foreign exchange in all aggregating to US Dollars 9,73,500 with a view to transferring the same to a person in Dubai. In view of the challenges raised before us, we find it unnecessary to make any further detailed reference to the grounds of detention.

(3.) IN support of this ground, Shri Karmali, learned counsel appearing on behalf of the detenu, relied upon the judgment of the Apex Court in the case of Dwarika Prasad v. State of Bihar, reported in AIR 1975 Supreme Court, Page 134 and especially upon paragraph 7 thereof. Shri Karmali also relied upon a decision of the Bombay High Court in the case of Shoilen Dey, reported in A.I.R. (36) 1949 Bombay 75 (C.N. 21) and the decision of the Division Bench of this Court in Mackie Francis Pereira v. State of Maharashtra, Criminal Writ Petition No.246 of 1988, delivered on 6.6.1988 and especially upon paragraph 5 thereof.