Judgement

SABYASACHI MUKHARJI, J. :- One allegedly Venilal D. Mehta is the father, Miss Pragna Mehta is the daughter and Bharat Mehta is the son. They all have been detained under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act), by virtue of an order dated 19th June, 1984.

2. Their detentions are challenged in three writ petitions under Article 32 of the Constitution, filed by Prakash Chandra Mehta, another son of Venilal D. Mehta and brother of Miss Pragna. Mehta and Bharat Mehta.

3. The facts of these cases basically more or less are the same with certain minor variations which shall be noticed.

4. On the 2nd May, 1984, the father and daughter - Venilal D. Mehta and Pragna Mehta were arrested by the officers of the Central Excise and Customs, Cochin on an accusation of having in their possession 60 gold biscuits alleged to be of foreign origin. After their arrest, the father and his daughter were taken to the office of the Central Excise and Customs, Cochin where statements were made on their behalf. It is, however, the allegation of the petitioner that such statements were obtained by use of t