PARMESHWAR LAL KAREL AND SUSHIL KUMAR AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment disposes of Criminal Writ Petition No. 3 of 1988 and Criminal Writ Petition No. 25 of 1988 as common questions arise for consideration in both the petitions.

(2.) . Parmeshwar Lal Karel, who is the petitioner in Criminal Writ Petition No. 3 of 1988, and Sushil Kumar Aggarwal, who is the petitioner in Criminal Writ Petition No. 25 of 1988, have been detained in Central Jail, Dum Dum, Calcutta by virtue of two separate orders dated 4th June, 1987 passed by Shri S. K. Kohli, Joint Secretary to the Government of India, specially empowered under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'COFEPOSA'). The said orders were passed with a view to preventing them from smuggling goods and abetting the smuggling of goods. Parmeshwar Lal Karel was detained on 5th June 1987 while he was on bail granted by the High Court of Calcutta. Sushil Kumar Aggarwal, who had been arrested along with the first petitioner on 26th March 1987, however, was in judicial custody. The detention order was served on him on 8th June 1987. By these petitions for a writ of habeas corpus the petitioners pray for revocation of the said orders of detention.

(3.) . The facts giving rise to the passing of the detention orders are common. They may be set out so far as they are relevant to highlight the alleged conspiracy between the petitioners and others.