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B.C.RAY, S.RATNAVAL PANDIAN
T. A. Abdul Rehman – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

S. Ratnavel Pandian, J.- This appeal under Article 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 Section 3(1) (iii) and 3 (1) (iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Actictivities Act, 1974 (Central Act 52 of 1974) (hereinafter referred to as the 'Act') whereby detaining the appellant's brother Sri T. A. Sirajudeen @ 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 18-1-88 and detained in the Central prison, Trivandrum 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 25-1-88 which was rejected on 1

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