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2009 Supreme(Ker) 272

KURIAN JOSEPH, K.T.SANKARAN
Riswana Begam – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:D. Peethambaran, S. Palanikumar, Advocates. For the Respondents: Noble Mathew, Government Pleader.

Judgment:

K.T. Sankaran, J.

The petitioner is the wife of Abu Backer Bin Abdulla, S/o. Abdullah, Jalan Manjindian, Kuala Lumpur, Malaysia, who has been detained as per Ext.P1 order of detention dated 35.2008,, issued in exercise of the powers conferred on the Government of Kerala by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as ‘COFEPOSA Act’). The Writ Petition is filed to issue a writ of Habeas Corpus to the respondents to produce the detenu before this Court and to set him at liberty. There is also a prayer for issue of a writ of certiorari to quash Ext.P1 order of detention.

2. In Ext.P2 grounds of detention, the following allegations are made against the detenue. On 10.4.2008 the detenue arrived at the International Terminal of the Airport at Karipur at about 8.00 A.M. by SriLankan airlines flight UL 169 from Colombo. The officers of the Directorate of Revenue Intelligence. Calicut, examined the travel documents and baggages of the detenue. The detenue was travelling from Singapore to Colombo on 9.4.2008 and from Colombo to Calicut on 10.4.2008. He was having a Malaysian Passport. It was foun

















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