Judgment

BAHARUL ISLAM, J. :- The facts of these two writ petitions are common and inter-connected. The contentions raised before us by Mr. Jethmalani, counsel for the petitioner, Suresh Bhojraj Chelani, in Writ Petition (Crl.) No. 1210 of 1982 have been endorsed by Dr. Chitale, counsel appearing for the petitioner, Narain Tarachand Mirchandani (hereinafter Mirchandani) who has additionally filed some written arguments.

The petitioners have been detained under sub-section (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter the COFEPOSA Act) by two separate orders, both dated 16th of April. 1982. The allegations against them are these :

2. The petitioners arrived at the Bombay Airport on 30th Dec., 1991 from Singapore by Singapore Airlines Flight No. SO. 022. The unaccompanied baggage of the petitioners was weighed together. The luggage consisted of two bags and one zipper bag with claim tags bearing Nos. 10-17-95, 10-17-96 and 10-17-97. The outer part of the said tags were pinned to the ticket of Mirchandani. On arrival at the Bombay Airport, the said three bags were brought from the conveyor belt to the customs clearance b