Mahitosh Majumdar, J. - (1.) This writ application is directed against the threatened action of respondents in detaining Sri Kalyan Kumar Thanvarchand Shah (for short the petitioner hereinafter). The petitioner claims to be resident of Ali's House, opposite Lakshminarayan Temple, Port Blair is sought to be detained in pursuance of the order of detention dated September 28, 1988 issued by the Joint Secretary, the Government of India, Ministry of Finance, Department of Revenue under the provisions of the Conservation of Foreign Exchange and the prevention of Smuggling Act, 1974 (for short COFEPOSA hereafter). This Court granted a Civil Order on December 23, 1988 and also passed an interim order of injunction in terms of prayer (h) of the petition. Thereafter, interim order was extended on diverse date. Respondents entered appearance and raised preliminary objection to the effect that - (a) On the basis of materials and pleading of the writ application, this Court has no jurisdiction to entertain this application under Article 226 of the Constitution of India; (b) In the absence of the order of detention along With grounds for detention, this Court is not competent to issue writ in the nature of mandamus and/or Certiorari and/or Prohibition, nor is it proper to determine the basic challenge against the order of detention; (c) The order of detention can only be challenged by presenting the writ application for writ in the nature of Habeas Corpus. Objections as taken by the learned Counsel for the respondents in the first blush, as would appear against (b) and (c) hereinabove, can only be decided by this Court after determination of the objection referred to in (a) above;
(2.) Mr. Anjan Mukherjee, the learned Advocate appearing along with Mr. Prantosh Mukherjee, the learned Advocate submitted that this Court should proceed on the pleadings as would appear from the writ application. Facts not in dispute are, inter alia, as follows: The petitioner carries on business in the name and style of Messrs Andhra Express Service at Bombay. The petitioner is the managing partner. On June 13, 1988 the Officers attached to the Enforcement Directorate conducted search of the petitioners business at Premises namely Messrs Andhra Express Service at Bombay. Panchnama was prepared and handed to the petitioner who was then at Bombay in connection with the business. On the basis of the seizure of the documents and Indian Currency notes amounting to Rs. 67,000 effected by the officers on May 12, 1988 from one Harun Jan Mohammed of Bombay. Similar raid has been conducted by the officers of the FERA Directorate at the petitioner's branch office at Bombay in presence of Sri Harshad Rai Joshi on June 3, 1988. Sri Harshad Rai Joshi partner of Messrs Andhra Express Service was arrested and taken to the Enforcement Directorate on June 6, 198S. Sri Joshi was arrested and produced before the Special Court for Economic Offences, Bangalore. The Special Court enlarged Sri Joshi on bail and directed Sri Joshi to appear for investigation for a period of 10 days. In search of the petitioner's Bombay office, nothing incriminating was found. The petitioner appeared before the Officers concerned on June 14, 1988 and June 15, 1988 at Bombay for thorough interrogation about his complaint on the payment.
(3.) Thereafter, the petitioner appeared before the Authority concerned on August 12, 1988 and was arrested and produced before the Chief Metropolitan Magistrate, Bombay. The Assistant, Enforcement, Bombay filed a Memo of Appeal before the Chief Metropolitan Magistrate, Bombay. The said remand application, inter alia, discloses the same at Bombay. Arrest of Harshad Rai Joshi at Premises of Andhra Express at 4/5, 6th Floor, B.T. Street, Bangalore residence of Sk. Hard -had Raj Joshi at Bangalore Harun Joshi recorded the statement on June 3, 1988 that he was receiving Indian Currency large quantity from the head office at Bombay. On the basis of the information gathered at the office of Messrs Andhra Express Service at 15, Sadguru Kadmala Lane, First Floor, Dr. H.B. Vophlar Marg. Kalbodebi at Bombay was searched.;