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1989 Supreme(SC) 422

S.R.PANDIAN, B.C.RAY
T. A. Abdul Rahman – Appellant
Versus
State Of Kerala – Respondent


Advocates:
B.DUTTA, P.K.MANOHARAN, P.P.Rao, PRAMOD SVARUP, R.SASIPRABHU, T.T.KUNHIKANNAN

Judgment

S. RATNAVEL PANDIAN, J.:- This appeal under Art. 136 of the Constitution of India is preferred by the appellant, Abdul Rahman questioning the validity and correctness of the order of detention passed by, the first respondent on 7-10-1987, in exercise of the powers conferred by Ss. 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974) (hereinafter referred to as the Act) whereby detaining the appellants brother Sri T. A. Sirajudeen alias Siraj (the detenu herein) with a view to preventing the detenu from engaging in transporting or concealing or keeping smuggled gold or dealing in smuggled gold otherwise than by engaging in transporting or concealing or keeping smuggled gold.

2. Though the impugned order was passed on 7-10-1987, the detenu was arrested on 18-1-1988 and detained in the Central Prison, Trivendrum from 19-1-1988 onwards. The detenu was furnished with. copies of the grounds of detention and other connected material documents on 21-1-1988. The detenu made a representation to the third respondent praying for revocation of the detention order on 25-1-1988 which was rejected on 11-4-19






























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