Surya Kumar Tiwari, J. - (1.)The petition under Art. 226 of the Constitution of India challenging the detention of Uma Shankar Karel alias Uma Shankar Soni has been filed by his wife Sm. Neelam Devi Karel under Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, whereby the-detenu was detained in the Presidency Jail, Alipore, Calcutta. The other connected petition has been filed by Sm. Sulochana Devi Karel wife of Ganesh Prasad Karel, a Co-detenu impugning the detention under Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (COFEPOSA), as a result whereof he has also been detained in Presidency Jail.
(2.)It is not disputed that both the Detenus, Ganesh and Uma Shankar, are brothers and they are residents of 13, Hanspukuria First Lane, 1st floor, Calcutta-700 007. Both of them are engaged in the business of sale and purchase of Gold and Silver ornaments.
(3.)The premises occupied by the Detenus was searched on 30.5.94 by the Officers of Enforcement Directorate and both the brothers were taken into custody. While they were taken to the office of Enforcement Directorate at 88, Lindsay Street, Calcutta, their statement were recorded by the Officers of the Directorate.
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