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2000 Supreme(Ker) 63

ARIJIT PASAYAT, K.S.RADHAKRISHNAN
Assia – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Arij it Pasayat, CJ.

Detention of Mohammed Kutty (hereinafter referred to as 'detenu') pursuant to an order of detention in terms of S.3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'the Act') has been challenged by his wife. Pursuant to order of detention dated 13.3.1997, detenu was arrested on 17.4.1999 and is presently detained in Central Prison, Thiruvananthapuram. Grounds of detention were supplied to detenu on the date of arrest. Written representations dated 14.5.1999 and 19.5.1999 were sent by detenu's counsel to Superintendent of Central Prison for getting signature of detenu and sending to State of Kerala and Union of India. Written representations were sent to detaining authority and Central Government requesting for revocation of order of detention. State Government rejected detenu's representation on 25.5.1999, while Central Government rejected it on 8.6.1999. As required under the Act, reference was made to State Advisory Board. The said Board met, heard detenu and sent its report dated 16.6.1999 to the effect that there was sufficient cause for detention of detenu. Order of confirmat














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