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1999 Supreme(SC) 1303

S.S.M.QUADRI, S.P.KURDUKAR
A. Mohammed Farook – Appellant
Versus
Jt. Secy. , To Govt. Of India – Respondent


( 1 ). This Writ Petition under Article 32 of the Constitution of India is filed by the petitioner-detenu challenging the legality and correctness of the detention order dated 25/02/1999 passed by the detaining authority and the Joint secretary to the government of India under Section 3 (1 of the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (as amended) for short COFEPOSA Act. The detaining authority after recording his subjective satisfaction on the basis of the material produced before him opined that with a view to preventing the petitioner in future from acting in any manner prejudicially to the Conservation of Foreign Exchange it is necessary to make order of detention under section 3 (1 of the COFEPOSA Act.

( 2 ). The enforcement authorities attached to the Enforcement Directorate Chennai and madurai on 17/03/1998 searched the business and residential premises of the petitioner and seized some incriminating documents from those premises under the provisions of the Foreign Exchange regulation Act, 1973 (for short FERA ). The petitioners statement was also recorded on 17. 3. 98 wherein he alleged to have admitted commission of offence under












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