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2022 Supreme(Online)(KER) 50319

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
FASALU RAHMAN, – Appellant
Versus
UNION OF INDIA, – Respondent


Advocates:
C.DHEERAJ RAJAN, ANAND KALYANAKRISHNAN, HASHEEM MUHAMMED P M, M.RAMESH CHANDER (SR.), JAISHANKAR V.NAIR, SRI K.A.ANAS, SRI.S. MANU

JUDGMENT

Anil K. Narendran, J.

The petitioner is the 1st accused in O.R.No.41 of 2021 on the file of the Directorate of Revenue Intelligence, Cochin, alleging commission of an offence punishable under Section 135 of the Customs Act, 1962 . On 04.12.2021, 9.73 kgs. of gold in O.R.No.41 of 2021 was seized. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the detention order passed against him by the 2nd respondent Joint Secretary (COFEPOSA). The petitioner has also sought for a writ of mandamus commanding respondents 3 and 4 to communicate the order issued against him by the 2nd respondent under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for brevity, ‘COFEPOSA Act’).

2. On 06.07.2022, when this writ petition came up for admission, the learned counsel for the petitioner sought time to file an application to implead the concerned Deputy Director, Directorate of Revenue Intelligence. On 07.07.2022, the petitioner filed I.A.No.1 of 2022 to implead Deputy Director, Directorate of Revenue Intelligence, Cochin Zonal Unit, as the additional 5th respondent.

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