FREDRICK D SOUZA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE four petitions are filed under article 226 of the Constitution of India for issue of writs of habeus corpus directing the respondents to produce the detenus referred to in the petitions, before this Court and set them at liberty after quashing the orders of preventive detention passed against them by the 1st respondent in exercise of the powers conferred upon him under section 3(1)of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short "COFEPOSA").

(2.) THE material facts giving rise to filing of the above writ petitions are: On 6.9.1990 the officials of the Directorate of Revenue Intelligence, Madras searched the Siva International Hotel at Nellore and apprehended 19 persons, all hailing from the State of Kernataka and staying in the hotel. On the same day, an Arab Dhow called "Almuhaned" was intercepted near the coast of Nellore by the officials of the Directorate of Revenue Intelligence, Madras. No contraband was, however, recovered from the Dhow. Statements were, however, recorded from the captain of the Dhow and its crew, nine in number. They stated that fearing interception of the Dhow, they jettisoned into the sea 250 bars of silver along with the equipment of communications. All of them, as also those apprehended in the hotel at Nellore, were taken to the office of the Director of Revenue Intelligence, Madras and statements were recorded from all of them except one K.R. Hegde. They were arrested and remanded to custody on 8.9.1990 by the Special Judge of the Court for Economic Offences at Madras. Orders of preventive detention under the COFEPOSA were passed against the captain of the ship and its crew, also against 7 out of 19 apprehended in the hotel at Nellore. The detenus submitted their representations to the 1st respondent through the Central Jail, Madras and the same were rejected on 25.10.1990.

(3.) THE allegation of non -supply of copies of the documents recorded either in Kannada or in Malayalam to the detenus till 20.11.1990 is not denied in the counter -affidavit filed on behalf of the 1st respondent. It is also not denied that the Central Advisory Board, New Delhi met at Madras on 19.11.1990 to consider the cases of the detenus.