HASAMUDDIN Vs. SECRETARY TO GOVERNMENT PUNJAB

JUDGEMENT

(1.) THESE two petitions have been filed by the petitioners with a prayer to quash their detention orders dated 3.5.1993 and 5.11.1993, respectively, and the confirmation orders dated 9.2.1994 and 22.2.1994, since identical grounds have been taken for challenging the impugned orders, these petitions are being disposed of by a common order.

(2.) BRIEF facts of Criminal Writ Petition No. 256 of 1994 are that petitioner Hasamuddin was arrested on 24.3.1992 under section 104(1) of the Customs Act, 1962. He was released on bail by the competent court on 1.4.1992. He was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on the basis of order (Annexure P-1). Though the order was issued on 3.5.1993, the petitioner was actually detained on 5.11.1993, i.e. after six months of passing of the order of detention. Order of confirmation was issued by the Government on 9.2.1994. The petitioner has questioned the order of detention as well as the order of confirmation on various grounds set out in the petition, one of which is that the order of confirmation has been passed in contravention of the provisions of Section 8(f) of the COFEPOSA Act.

(3.) ALMOST identical replies were filed by the respondents. The orders of detention have been justified on facts. It has been alleged that the petitioners have been found guilty of smuggling gold from Pakistan and their activities are prejudicial to the public interest. Detailed explanation has been given for the delay caused in passing of confirmation orders.