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A.R.LAKSHMANAN, S.SANKARASUBBAN
T. U. Ashraf – Appellant
Versus
The State Of Kerala – Respondent
Based on the provided legal document, there is no explicit indication or clue that the foreign currency seized during the investigation could be released. The document emphasizes that the foreign currency was found concealed in the export consignment with the intent to smuggle, and the detention order was issued on the grounds of preventing smuggling activities. The authorities have taken timely and appropriate steps to execute the detention order, and there is no evidence or suggestion within the document that the seized currency might be released or that there are grounds for its release. The focus of the case is on the prevention of smuggling and the legal procedures followed for detention, rather than on the possibility of releasing the seized foreign currency.
AR. LAKSHMANAN, J.
Heard Mr. Sudheendra Kumar for the appellant and Mr. Alexander Thomas, Government Pleader for the State.
2. The appellant herein is the petitioner in the Original Petition, which was filed challenging Ext. P1, issued by the Government of Kerala dated 5-2-96 in exercise of its powers conferred by Section 3(1)(i) and 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), detaining the petitioner herein with a view to preventing him from smuggling goods.
3. According to the appellant he is employed in Dubai. A detention order was passed on 5-2-96 against him on the ground that three cartons of duck eggs attempted to be exported to Dubai by one Messrs. Fathima Enterprises, Moovattupuzha, contained concealed foreign currency to the tune of Rs. 45,11,588.75 when the D.R. 1. Authorities examined the same at Trivandrum Air Cargo Complex. The statement of one Yusuff, Managing Director of M/s. Fathima Enterprises, Muvattupuzha was recorded by the authorities in connection with the seizure under section 108 of the Customs Act, 1962. According to the appellant, the said statement of Yusuff was re
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