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1995 Supreme(Ker) 98

P.SHANMUGAM, K.SREEDHARAN
The Secretary, Home Department, Government Of Kerala – Appellant
Versus
K. Abdul Azeez – Respondent


Judgment :-

SREEDHARAN, J.

Petitioner in O.P. 17244/1994, is a person against whom order of detention has been issued by the State Government u/S. 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as "the COFEPOSA Act". That order was issued on 30-10-1989. Till date, he could not be arrested and detained pursuant to the said order of detention, even though various steps were taken by the Government for the said purpose. On 25-1-90, Government of Kerala issued notification in the Official Gazette under Section 7(1)(b) of the COFEPOSA Act directing the petitioner to appear before the Superintendent of Police, Malappuram. Thereafter a report was sent to the Chief Judicial Magistrate, Manjeri under Section 7(1)(a) of the COFEPOSA Act on 25-1-1990. The Magistrate on the basis of that report, registered a case as C.M.P. 242/1990. Thereupon petitioner moved the High Court of Calcutta (The number of the proceedings is not seen from the attested copy). Justice A. M. Bhattacherjee restrained the respondents from serving on the petitioner any order of detention under the provisions of the COFEPOSA Act or on any of the gro































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