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2014 Supreme(Mad) 4480

S.RAJESWARAN, P.N.PRAKASH
Kumar Sinniah – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.K.S. Thakir, Senior Counsel for Y. Mohamed Ghouse
For Respondents/Defendant: Shanmuga Velayutham, Public Prosecutor for M. Dhamodaran

ORDER

S. Rajeswaran, J.

1. The Petitioner/detenue, aged 32 years, has filed this petition challenging the order of detention passed by the 1st respondent in G.O. No. SRI/285-4/2013 dated 24.12.2013 under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974). Apart from many legal points raised in the petition to assail the order of detention, the learned counsel for the petitioner would primarily contend that the order of detention being a preventive detention should have been communicated to his close relatives as per the mandate. In this case, the detenue being a citizen of Malaysia of India origin of Tamil Nadu, the arrest of the detenue ought to have been communicated to the Malaysian consulate without fail. In fact, he was arrested in the ground case on 30.11.2013 by the Customs authorities and that was duly informed to the Consulate General of Malaysia, as evidenced from the letter dated 30.11.2013, addressed to the Consulate General of Malaysia Consulate at Chennai. This fact has been communicated by the consulate General of Malaysia at Chennai by a letter dated 2.9.2014 addressed to the learned counse





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