IN RE : KALYAN KUMAR THAVARCHAND SHAH Vs. STATE

JUDGEMENT

(1.) This writ application is directed against the threatened action of respondents in detaining Sri Kalyan Kumar Thanvarchand Shah (for short the petitioner hereinafter). The petitioner claims to be resident of Ali's House, opposite Lakshminarayan Temple, Port Blair is sought to be detained in pursuance of the order of detention dated September 28, 1988 issued by the Joint Secretary, the Government of India, Ministry of Finance, Department of Revenue under the provisions of the Conservation of Foreign Exchange and the prevention of Smuggling Act, 1974 (for short COFEPOSA hereafter). This Court granted a Civil Order on December 23, 1988 and also passed an interim order of injunction in terms of prayer (h) of the petition. Thereafter, interim order was extended on diverse date. Respondents entered appearance and raised preliminary objection to the effect that -

(2.) Mr. Anjan Mukherjee, the learned Advocate appearing along with Mr. Prantosh Mukherjee, the learned Advocate submitted that this Court should proceed on the pleadings as would appear from the writ application. Facts not in dispute are, inter alia, as follows:

(3.) Thereafter, the petitioner appeared before the Authority concerned on August 12, 1988 and was arrested and produced before the Chief Metropolitan Magistrate, Bombay. The Assistant, Enforcement, Bombay filed a Memo of Appeal before the Chief Metropolitan Magistrate, Bombay. The said remand application, inter alia, discloses the same at Bombay. Arrest of Harshad Rai Joshi at Premises of Andhra Express at 4/5, 6th Floor, B.T. Street, Bangalore residence of Sk. Hard -had Raj Joshi at Bangalore Harun Joshi recorded the statement on June 3, 1988 that he was receiving Indian Currency large quantity from the head office at Bombay. On the basis of the information gathered at the office of Messrs Andhra Express Service at 15, Sadguru Kadmala Lane, First Floor, Dr. H.B. Vophlar Marg. Kalbodebi at Bombay was searched.