DINDAYAL MADHAMIA AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) RA 4/93 has been filed against the judgment passed in CR 74/86 and RA 5/93 has been filed against the judgment passed in CR 522.86 The facts and the questions of law which arise are same in both the cases and as such they are taken for hearing together.

(2.) The learned Single Judge dismissed both the writ applications holding that there was no material to show that the detention of the petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called "Cofeposa Act, 1974) was illegal. There was no pleading to hold that detention is illegal. Though no record was produced before the learned Single Judge, the learned judge came to the finding that it must be held that the official act must be deemed to be regularly performed and he refused to draw adverse inference for non-production of record. Having arrived at this finding, the writ applications are rejected The prayers made in the writ applications were to quash the order dated-26.4.1985 (Annexure-H) and the order dated 30.12.1995 (Annexure-I) (in CR 74/86). The same are the orders but of different dates in the; other civil rule. Annexure-H is an order passed by the learned appellate tribunal at Calcutta and the appellate tribunal inter alia came: to the findings as follows:

(3.) As against that, an appeal was filed and on 13th December, 1985 the folowing order was passed: