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2004 Supreme(Ker) 262

J.B.KOSHY, K.THANKAPPAN
Mrs. Lekha Nandakumar – Appellant
Versus
Joint Secretary to Government of India – Respondent


Judgment :-

Koshy, J.

By this Habeas Corpus petition, the petitioner, wife of the detenu, approached this court against the detention of her husband. On the basis of preventive detention order dated 20.11.2003, issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short “COFEPOSA”). It is true that whether a person has to be detained without trial as a preventive measure to prevent him from indulging in commission of economic offence as mentioned in the Act depends on the subjective satisfaction of the authorities concerned. The above subjective satisfaction is outside the purview of judicial review. Preventive detention is different from punitive detention after offences are proved according to the procedure prescribed by law. Article 21 of the Constitution provides that no person shall be deprived for his life or personal liberty except according to the procedure established by law. Article 22 which authorities preventive detention, lays down statutory limitations and procedural safeguards. The preventive detention is not intended as punishment for commission of economic offence. We are not considering correctness of application of


























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