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2012 Supreme(Ker) 294

THOTTATHIL B.RADHAKRISHNAN, C.T.RAVIKUMAR
Abraham C. Joseph – Appellant
Versus
Union Of India Rep. By Secretary To Govt. Of India Ministry Of Finance Department Of Revenue New Delhi – Respondent


Advocates Appeared:
For The Petitioner:B. Kumar (Sr), V.K. Sathyanathan, Smt.V. Vijitha, P.A. Augustian, Advocates.
For The Respondents: R1 & R2 -P. Parameswaran Nair, Asg, R3 - T.Ramaprasad Unni Senior Government Pleader, R4 - C.P. Udayabhanu , Addl.

Judgment :-

Thottathil B. Radhakrishnan, J.

This writ petition is filed seeking issuance of a writ of habeas corpus in re Alex C. Joseph, detained in terms of an order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter, the 'Act'. That order of detention passed on 13.4.2000 was executed on 8.11.2011 after apprehending him on 6.11.2011. The petitioner says that he is the brother of the detenu.

2. The modus operandi attributed to the detenu and the different proceedings under the Customs Act and other provisions, as also the allegation that he had used different passports, are not matters for consideration by us, now. We say this because, hearing the learned Senior Advocate for the petitioner, the learned Assistant Solicitor General on behalf of the Union of India and the learned Advocate appearing for the Directorate of Revenue Intelligence, the sponsoring authority, in the light of the materials and affidavits on record, we are of the view that what is of prominence, with the passage of time, is to see whether the continued detention after the proceedings before the Advisory Board in terms of section 8 of the Act is lawful.

3.











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