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2011 Supreme(SC) 1081

GANGULY
UMMU SABEENA – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

GANGULY, J.

1. Leave granted.

2. All these four appeals have been filed impugning an order dated 30th September, 2011 of the High Court of Kerala whereby the writ petitions filed for issuance of writs of Habeas Corpus, assailing the orders of detention dated 26th February, 2011 passed under the provisions of Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA') were rejected by the High Court.

3. It is not in dispute that the facts in all the cases are the same. Common ground is that an order of detention under Section 3 of the COFEPOSA was served on all the detenus on 10th March, 2011 on whose behalf petitions were filed before the High Court and therefore, their detention under the COFEPOSA commenced on and from 10th March, 2011. In these proceedings, we are not going into the merits of the grounds or the recitals thereof.

4. Before us, the detention of the appellants has been assailed on the question that the representations filed on behalf of the detenus were not disposed of in accordance with the mandate of Article 22(5) of the Constitution.

5. The admitted facts are that representations were made b





















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