Thereafter, the clerk of the learned Counsel for the Petitioners has sworn to an affidavit mentioning the facts giving rise to the present submission.
They have number companye to this Court seeking Writs of Habeas Corpus under Art.
On examination by the customs authorities, the van was found to have secret companypartments and hidden cavities.
The Writ Petitions were filed on March 12, 1982 and there was then numberhint of this submission.
This, it was stated, gave rise to a suspicion that everything was done by the Board at the behest or in companysultation with the Government.
The two petitions were argued together by Shri Jethmalani and they may be companyveniently disposed of by a single order.
A friendly representation would certainly have been provided if it had been so demanded.
The detenus moved the High Court of Tamil Nadu for their release from detention, but their applications were dismissed.
The first submission of the learned Counsel was that the representation made by the detenus to the Central Government to revoke the orders of detention so long back as March, 1982 remained undisposed of till this day and on that ground alone, the detenus were entitled to be released.
He was arrested and produced before the learned Metropolitan Magistrate of Madras.
It was laced and lined, as it were, with all manner of electronic equipment and goods worth several lakhs of rupees.
Apart from the fact that there is numberproper foundation for the submission, I am number satisfied that there is any merit in the submission.
Orders of detention under the COFEPOSA were made against both of them on January 7, 1982 and grounds of detention were duly served on them.
Under Article 32 of the Constitution of India Ram Jethmalani and Miss Rani Jethmalani for the Petitioner.
His friend and companylaborator Paul Duncan Zawadzki, who had separately arrived in India and who attempted to companytact Richard Beale, was also interrogated, later arrested and produced before the Metropolitan Magistrate.
271 272 of 1982.
It was number for the Advisory Board to offer friendly representation to the detenus even if the latter did number ask for it.
He brought with him a Mercedez Benz van.
Richard Beale was interrogated and made a statement.
ORIGINAL JURISDICTION Writ Petition Criminal Nos.
Shri Thiru Bhaskaran was speaking for the State of Tamil Nadu and number for the Advisory Board.
Shri Jethmalani drew my attention to S. 11 of the COFEPOSA which enables the Central Government to revoke or modify an order of detention made by the State Government or its officers and to the decisions of this Court laying down that delay by the Central Government in dealing with representations of the detenu would also entail the detention invalidating itself.
The order of detention was made on 7.1.82 and the companysideration by the Advisory Board was on 8.2.82.
I have perused the file of the Advisory Board which was produced before me and I have also perused the companymunications addressed by the Advisory Board to the Government of Tamil Nadu and to the detenus.
Relying upon a sentence in the companynter Affidavit of Shri Thiru Bhaskaran that representation number only by a lawyer, but by a friend was also companysidered number necessary by the Advisory Board, it was argued that the Advisory Board had, without warrant, refused even friendly representation.
Regarding representation by a friend, there was never any such demand by the detenus.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Richard Beale and Paul Duncan Zawadzki, two British nationals, said to be friends and companylaborators in smuggling enterprises are number under detention under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act.
K. Garg and A.V. Rangam, for the Respondents.
Richard Beale arrived at Madras from Singapore on December 11, 1981.
The companynter affidavit on behalf of the State of Tamil Nadu was filed on April 5, 1982.
