JUDGMENT :

Dipak Misra, J.

Calling in question the defensibility of the judgment and order dated 24.10.2015 passed by the High Court of Kerala by which the Division Bench has quashed the order of detention passed against Abdu Rahiman (detenu), the husband of the respondent, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for brevity, ‘the COFEPOSA Act’), the instant appeal, by special leave, has been preferred.

2. Shorn of unnecessary details, the facts which are essential to be stated for adjudication of this appeal are that an order of detention was issued on 08.02.2013 under Section 3(1) of the COFEPOSA Act. The said order, as the facts would uncurtain, came into existence on the basis of proposal of the Sponsoring Authority (Directorate of Enforcement) and the Empowered Officer of the Central Government (the Detaining Authority). The grounds of detention were communicated to the detenu vide communication dated 08.02.2013. By the said communication in compliance with Article 22(5) of the Constitution and Section 3(3) of the COFEPOSA Act, the detenu was informed of his right to make a representation against his detention t