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2020 Supreme(Ker) 113

K.VINOD CHANDRAN, V.G.ARUN
Beevikunju K. A, W/o Faisal P. A. – Appellant
Versus
Union of India, (Represented By Its Director General), Central Economic Intelligence Bureau, Ministry of Finance – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.M.Ajay
For the Respondent: Shri.P.Vijayakumar, Sri.Jaishankar V.Nair, Sri.S.Manu, Sri.K.A.Anas
Other Present : Sri.Sureshbabu Thomas.

JUDGMENT :

VINOD CHANDRAN, J.

1. The wife of a detenu and the father of another detenu is before us challenging the detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [for brevity "COFEPOSA Act"]. The wife had unsuccessfully challenged her husband-Faisal's earlier detention, on similar allegations, which stood confirmed in W.P(Crl.) No.351 of 2017. Faisal, undeterred, has been again indulging in smuggling activities, asserts the Directorate of Revenue Intelligence ['DRI' for brevity] and the Union of India, respectively the detaining and affirming authority under the COFEPOSA Act. The other detenu, Adnan Khalid, is an operative of Faisal, who was caught at the Airport, though not red- handed, allegedly passing on the contraband, to a Customs official. The parties have various contentions, which are almost similar in nature. We refer to the detenu by their names and the official respondents as detaining authority and the Union of India, in the judgment.

2. We have heard Sri.M.Ajay on behalf of Faisal and Sri.P.A.Augustian on behalf of Adnan Khalid. Central Government Counsel Sri.S.Manu argues for the detaining authority and Sri.Jaishan

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