Judgment

P. Venkatarama Reddi, J.-Leave granted in S.L.P. (Crl.) No. 153 of 2003.

2. Questioning the detention of the petitioner’s husband by name, P. Mohd. Kutty under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), Writ Petition (Crl.) No. 6 of 2003 has been filed by her praying for the issuance of a writ of habeas corpus. The detention order was also challenged in the High Court of Kerala by way of a petition filed under Article 226. The Writ Petition was dismissed on 29.11.2002. The said judgment has been challenged in the Special Leave Petition. The Special Leave Petition came up for hearing before a bench consisting of Rajendra Babu, J. and G.P. Mathur, J. Rajendra Babu, J. allowed the writ petition by quashing the order of detention. However, Mathur, J. held that the writ petition and the SLP were liable to be dismissed. In view of this difference of opinion, the matter has been placed before this three Judge Bench.

3. On 24.12.2000 the baggage of one Anodiyil Mammu, who was waiting to take the flight to Dubai, was inspected at Trivandrum International Airport. He is related to the detenu. On such inspection, foreign cur