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2022 Supreme(Ker) 907

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Muhammed Faisal S/o. Kunhi Moideenkutty – Appellant
Versus
Union Of India, Represented By The Secretary, Government Of India, Ministry Of Finance, Department Of Revenue – Respondent


Advocates Appeared:
For the Petitioner: R. Anil, M. Sunilkumar, Sujesh Menon V.B., Thomas Abraham (Nilackappillil), Thomas Sabu Vadakekut, Mahesh Bhanu S., S.Lakshmi Sankar, Ressil Lonan.
For the Respondents: Sri.Jaishankar V.Nair, S.Manu, Sri.K.A. Anas.

JUDGMENT :

(Ajithkumar, J.)

1. The Joint Secretary to the Government of India in the Ministry of Finance (Department of Revenue) on 27.09.2019 in exercise of the powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for brevity 'the COFEPOSA Act') issued Ext.P1 ordering to detain Sri.Abdul Hakkeem P.P. @ Abdul Hakkim P.P. and keep him in custody in the Central Prison and Correctional Home, Thiruvananthapuram. The order was executed on 28.12.2021. In compliance with the provisions of Section 3(3) of the COFEPOSA Act read with Clause (5) of Article 22 of the Constitution of India the grounds of detention along with the documents mentioned and relied upon therein were communicated to the detenu. On receipt of the detention order and the grounds of detention, the detenu submitted representation dated 27.01.2022 to the Joint Secretary (COFEPOSA) and to the Central Government addressed to the Director General, Central Economic Intelligence Bureau. The representations were rejected on 04.02.2022 and 29.03.2022, respectively. Thereupon this Writ Petition under Article 226 of the Constitution of India has been filed, on behalf of

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