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2004 Supreme(Mad) 1054

S.SARDAR ZACKRIA HUSSAIN, P.SATHASIVAM
G. M. Gopalan Nambiar & Others – Appellant
Versus
The Joint Secretary to Government of India – Respondent


Advocates Appeared:For The Petitioners:B. Kumar, R. Loganathan, Senior counsel, Advocate. For The Respondents: K. Kumar, Senior Central Govt., Standing counsel

Judgment :-

P. Sathasivam, J.

Since the issue and grounds raised in all the three matters are inter-connected and one and the same, they are being disposed of by the following common order. In H.C.P.No. 1818/2003, the petitioner, father of the detenu-C. Surendra Kumar @ Surendran challenges the detention order dated 6-10-2003, wherein his son, detenu was detained under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short "COFEPOSA Act") with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange in future and the detenu was kept in custody in the Central Prison, Salem. In h.C.P.No. 1819/2003 the petitioner is the wife of the detenu-K.P. Abdul Majith, who was also detained under Section 3 (1) of the COFEPOSA Act by order dated 6-10-2003. In H.C.P.No.173 of 2004, the petitioner, wife of the detenu-V. Velusamy, challenges the detention order dated 25-11-2003 passed under Section 3 (1) of the COFEPOSA Act.

2. The common facts which lead to passing of the detention order dated 6-10-2003 and 25-11-2003 are briefly stated hereunder:

The Enforcement Directorate (hereinafter referred to



















































































































































































































































































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