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2015 Supreme(Ker) 955

K.T.SANKARAN, B.SUDHEENDRA KUMAR
LEEMA SEBASTIAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
SRI. C.P. MOHAMMED NIAS
SRI. P.K. RAMKUMAR, ADDL. CGSC, DIRECTOR GENERAL OF PROSECUTION SRI. ASAF ALI

Judgment

K.T. Sankaran, J.

Since common questions of fact and law are involved, these Writ Petitions are being disposed of by this common judgment. W.P. (Crl) No.115 of 2015 is filed by Leema Sebastian, the mother of Varikkamakkal Sebastian Hiromasa, challenging the order of detention dated 25.2.2014, passed by the first respondent under Sections 3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act'). W.P.(Crl) No.5276 of 2015 is filed by P.Rasheeda, mother of Rahila Cheerayi, challenging the order of detention dated 25.2.2014 issued by the first respondent under Sections 3(1)(i) and 3(1)(iii) of the COFEPOSA Act. Hereinafter, the detenues are referred to as Rahila and Hiromasa or as detenues.

2. The order of detention was executed on 9.11.2014 and since then Rahila and Hiromasa are under detention.

3. The following facts are discernible from the grounds of detention: On the specific intelligence reports that the detenues (Rahila and Hiromasa) were indulging in smuggling gold to India through various airports acting under the instructions of a gang of Shahbas, Abdul Lais @ Abu Lais and N












































































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