K.T.SANKARAN, B.SUDHEENDRA KUMAR
LEEMA SEBASTIAN – Appellant
Versus
STATE OF KERALA – Respondent
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
Sitthi Zuraina Begum v. Union of India and others [AIR 2003 SC 323]
Smt. Icchu Devi Choraria v. Union of India and others [(1980) 4 SCC 531]
Smt. Kavita v. State of Maharashtra [(1981) 3 SCC 558]
Smt. Masuma v. State of Maharashtra and another [(1981) 3 SCC 566]
Smt. Santhosh Anand v. Union of India and others [(1981) 2 SCC 420]
Subhash Popatlal Dave v. Union of India and another ((2012) 7 SCC 533)
Subhash Popatlal Dave v. Union of India [(2014) 1 SCC 280]
Madan Lal Anand v. Union of India [(1990) 1 SCC 81]
Moulana Shamshunnisa and others v. Additional Chief Secretary and others [(2010) 15 SCC 72]
Noor Salman Makani v. Union of India and others [AIR 1994 SC 575]
Nazarudeen v. State of Kerala [2015 (3) KLT 148]
Aslam Ahmed Zahire Ahmed Shaik v. Union of India
Attorney General of India v Amratlal Prajivandas [(1994) 5 SCC 54]
Rama Dhondu Borade v. V.K. Saraf, Commissioner of Police
Rashid Kapadia v. Medha Gadgil and others [(2012) 11 SCC 745]
Rajesh Gulati v. Govt. of NCT of Delhi and another [(2002) 7 SCC 129]
Vinod K. Chawla v. Union of India and others [(2006) 7 SCC 337]
Vijay Narain Singh v. State of Bihar and others [(1984) 3 SCC 14]
Gimik Piotr v. State of Tamil Nadu and others [(2010) 1 SCC 609]
Pabitra N. Rana v. Union of India and others [(1980) 2 SCC 338]
Pooja Batra v. Union of India [(2009) 5 SCC 296]
Birendra Kumar Rai v. Union of India [(1993) 1 SCC 272]
Babu M. v. State of Kerala and others [2010 (1) KHC 214]
L.M.S. Ummu Saleema v. B.B. Gujaral [(1981) 3 SCC 317]
Lekha Nandakumar v. Government of India [2004 KHC 724 = 2004 (2) KLT 1094]
Union of India v. Amrit Lal Manchanda [AIR 2004 SC 1625]
Ujagar Singh and another v. State of Punjab [AIR 1952 SC 350]
Ummu Sabeena v. State of Kerala and others [(2011) 10 SCC 781]
Jayanarayan Sukul v. State of West Bengal
Julia Jose Mavely v. Union of India and others [AIR 1992 SC 139]
Frances Coralie Mullin v. W.C. Khambra
Haradhan Shah v. The State of W.B. and others [(1975) 3 SCC 198 = AIR 1974 SC 2154]
K.M. Abdulla Kunhi and B.L. Abdul Khader v. Union of India and others [(1991) 1 SCC 476]
Kamarunnissa v. Union of India [(1991) 1 SCC 128]
Kamleshkumar Ishwardas Patel v. Union of India and others [(1995) 4 SCC 51]
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