(1.) BOTH these writ petitions contain more or less similar prayers. They are based on facts which are closely connected with each other. It is, therefore, proper to decide these two writ petitions by common order.
(2.) WRIT Petition No. 1199/92 has been filed by the petitioner with a prayer to issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondents from proceeding further in the matter of detention of the petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and for restraining the respondents from creating false evidence to implicate the petitioner for detaining him under the COFEPOSA Act, 1974.
(3.) ONE Hari Narain son of Phool Chand, who was formerly an employee of the petitioner firm was found to be in possession of ten pieces of gold weighing 1166.650 Grams. This was seized by the Customs Authorities from him on 2.7.91. In his statement under Section 108 of the Customs Act, he is said to have stated that the gold was smuggled and that his employer, namely, the petitioner was engaged in smuggling gold. The petitioner's house and shop were searched on that very day. Cash amount worth Rs. 80100/ - was found in the shop and the petitioner has showed corresponding entries in the Cash Books. No other incriminating material was found. Apprehending his arrest, the petitioner moved for anticipatory bail which was granted by the Sessions Judge, Jaipur City, on 5.7.91.