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2023 Supreme(Ker) 70

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Shabna Abdulla – Appellant
Versus
Union of India, Rep. by its Special Secretary and Director General, Central Economic Intelligence Bureau, Ministry of Finance, Department of Revenue – Respondent


Advocates Appeared:
For the Petitioner: M. Ajay, V.P. Prasad.
For the Respondent: Sri. Suvin R. Menon, CGC, S. Manu, SC, Sri. K.A. Anas, GP.

JUDGMENT :

P.G. Ajithkumar, J.

This Writ Petition under Article 226 of the Constitution of India was filed seeking to issue a writ of habeas corpus to produce before this Court Sri. Abdul Raoof (‘the detenu’) who is under detention under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [hereinafter referred to as 'the COFEPOSA Act'] and to set him at liberty forthwith; and to issue a writ of certiorari declaring that Ext.P8 Detention Order, as well as Ext.P19 Confirmation Order, as unconstitutional, illegal, and unsustainable in law.

2. Ext.P8 is the Detention Order issued by the second respondent under Section 3(1) of the COFEPOSA Act for the detention of Sri. Abdul Raoof. Exhibit P19 is the Confirmation Order issued by the authorised representative of the 1st respondent under Section 8(f) read with Section 10 of the COFEPOSA Act directing to detain him for a period of one year from the date of detention, 06.03.2022.

3. The incidents which culminated in the issuance of Exts.P8 and P19, gatherable from the narration of facts in the Writ Petition, are the following:

3.1 The unaccompanied baggage of one Althaf Moosan Mukri, was checke

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