Jayanta Kumar Biswas, J. - (1.) Facts of this Letters Patent appeal date from 12th February 1991. On this date some officers of the Directorate of Revenue Intelligence, Calcutta Zonal Office, searched the factory premises of one M/s. Central Glass Potteries (Pvt.) Ltd. at 129, B. T. Road, Calcutta-700 035. The appellant, as per his own assertion, was a director of this company. The search resulted in recovery of ninety-four pieces of silver ingots, apparently smuggled into the country; these were found concealed underneath the debris. The silver ingots, collectively weighing 3017.426 kilograms (approximately) and valued at Rs. 2.11 crores (approximately), were seized under the provisions of the Customs Act, 1962. Summonses under Section 108 of the Customs Act, 1962 were issued on 13th February 1991. Statements stated to be given by certain persons (including the appellant's son) deeply involved the appellant with the seized silver ingots.
(2.) On 21st February 1991 a writ petition (wherefrom this appeal arises) was taken out in the name of the appellant. It was signed and affirmed by one Goutam Majumdar as the appellant's auhorized agent stating that the appellant was in custody (as on that date the appellant, however, was not in custody). In this petition a writ of mandamus was prayed for commanding the respondents to withdraw and not to give effect or further effect to the order of detention passed against the appellant under the provision of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'the COFEPOSA Act'). In paragraph 8 of this petition it was stated that to the appellant's knowledge, in connection with the incident leading to the detection and seizure of the apparently smuggled huge quantity of silver, the authorities had already sponsored a case for issuing a detention order against him under the COFEPOSA Act, and the authorities had served the summons asking him to appear before them on 14th February 1991, that such detention order might be executed. Pleading his innocence and the impropriety of the steps taken for issuing the detention order against him, the writ petition was filed before this Court ; it was registered as Civil Order No. 2859 (W) of 1991.
(3.) On 25th February 1991 an interim order in terms of prayer (f) of the writ petition was passed. By this interim order the respondents were restrained from issuing and/or serving any detention order against the petitioner under the COFEPOSA Act.;