MANJIT SINGH DHILLON Vs. UNION OF INDIA

JUDGEMENT

(1.) In view of the common questions of fact and law arising in these two petitions I am disposing of these petitions by means of this common order. Manjit Singh Dhillon is petitioner in Crl. W.P. 1106 of 1997 while his wife Gurmit Kaur Dhillon is the petitioner in Crl. W.P. No. 1201 of 1997, for setting aside the detention orders passed against these petitioners.

(2.) The necessary allegations as taken from these petitions are as follows :- On 17-10-1995 the residential premises as well as the business premises of the petitioner-Manjit Singh Dhillon were searched by the officers of the Enforcement Directorate, Jalandhar, under S. 37 of FERA, 1973, and Indian Currency amounting to Rs. 70,500/- and certain documents were allegedly seized from the residential premises. It is further alleged that the personal search of Saudagar Singh also resulted in the recovery of certain documents. Gurmit Kaur was taken to the office of the Enforcement Directorate and she moved an application for bail and the same was granted by the learned Additional Sessions Judge, Jalandhar, vide his order dated 17-12-1995. Manjit Singh Dhillon moved an application for anticipatory bail and was granted ad interim bail by order dated 5-1-1996, which was later on confirmed on 22-2-1996 by this Court.

(3.) The Joint Secretary to Government of India, Ministry of Finance passed the detention order dated 11-3-1996 against these petitioners under S. 3(1) of the COFEPOSA Act. On 12-3-1997 the petitioners appeared before the Chief Judicial Magistrate, Jalandhar, moved an application for cancellation of the bail bonds and for taking them into custody in the case under S. 9(i)(b) and 9(i)(d) of the FERA, 1973 and they were remanded to judicial custody, cancelling the bail bonds.