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2014 Supreme(Ker) 915

T.B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
Asifa Veera Poyil – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Devan Ramachandran, Geopaul, Adarsh Kumar and K.M. Aneesh, Advocate
For the Respondent:Padmaraj R., Government Pleader, Advocate

JUDGMENT :

T.B. Radhakrishnan, J.

1. This writ petition is filed seeking a writ in the nature of certiorari to quash detention order and grounds of detention under Sections 3(1)(i) and 3(1)(iii) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, for short, "COFEPOSA Act", in re the petitioner. The petitioner, a female, stated to be around 18 years of age, was intercepted at the Nedumbasseri Airport along with another female Arifa and her husband and their child on the ground that there was illegal import of gold into India effectively concealing such materials. Later, the departments picked up another person from the International Airport in New Delhi, who is stated to be the kingpin of the transaction of smuggling.

2. Customs Department initiated proceedings by registering the matter on an information following which the petitioner and others were arrested immediately following their interception. The petitioner was granted bail with stringent condition in that case. In the meanwhile, Central Bureau of Investigation, for short, 'CBI', has registered a separate case invoking Sections 120(b) and 420 IPC and different provisions of the Prevention of Co











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