IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR &

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 23^RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943 WP(CRL.) NO. 118 OF 2021 PETITIONER:

JAMSEENA, AGED 34 YEARS W/O. MOHAMMED SHAFI P., CRESCENT, CHERUKAVU, AYIKKARAPADI, MALAPPURAM DISTRICT, PIN-673637 BY ADV NIREESH MATHEW RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL ECONOMIC INTELLIGENCE BUREAU, 6TH FLOOR, B-WING JANPATH BHAVAN, JANPATH, NEW DELHI, PIN-110001.

2 JOINT SECRETARY (COFEPOSA), GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL ECONOMIC INTELLIGENCE BUREAU, 6TH FLOOR, B-WING, JANPATH BHAVAN, JANPATH, NEW DELHI, PIN-110001.

3 THE SUPERINTENDENT, CENTRAL PRISON, POOJAPURA, THIRUVANANTHAPURAM, PIN-695012.

4 THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN, PIN-682009.

SHRI.P.VIJAYAKUMAR, ASG OF INDIA ADDL.DIRECTOR GENERAL OF PROSECUTION SHRI.S.MANU,SR. SC SRI.SUVIN R.MENON, CGC.

SRI.JAISHANKAR V.NAIR SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07.09.2021, ALONG WITH WP(Crl.)No.70/2021, THE COURT ON

23.09.2021 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR &

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 23^RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943 WP(CRL.) NO. 70 OF 2021 PETITIONER:

SAJMI, AGED 29 YEARS W/O JALAL A.M, ARYANKALAYIL(H), ANIKKADU, ADOOPARAMBU, AVOLI PANCHAYATH, MUVATTUPUZHA P.O.ERNAKULAM-686 661.

BY ADVS.

S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.MANU TOM SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.R.GITHESH SRI.AJAY BEN JOSE SRI.MANJUNATH MENON SRI.SACHIN JACOB AMBAT SHRI.HARIKRISHNAN S.

RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL ECONOMIC INTELLIGENCE BUREAU, 6TH FLOOR, B-WING JANPATH BHAVAN, JANPATH, NEW DELHI-110 001.

2 JOINT SECRETARY (COFEPOSA), GOVT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL ECONOMIC INTELLIGENCE BUREAU, 6TH FLOOR, B-WING JANPATH BHAVAN, JANPATH, NEW DELHI-110 001.

3 THE SUPERINTENDENT, CENTRAL PRISON, POOJAPURA, THIRUVANANTHAPURAM-695 012.

4 THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN-682 009.

BY ADVS.

SHRI.P.VIJAYAKUMAR, ASG OF INDIA ADDL.DIRECTOR GENERAL OF PROSECUTION SHRI.S.MANU,SR. SC SRI.SUVIN R.MENON, CGC.

SRI.JAISHANKAR V.NAIR SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON

07.09.2021, ALONG WITH WP(Crl.)No.118/2021, THE COURT ON 23.09.2021 DELIVERED THE FOLLOWING:

“C.R.”

A.K.Jayasankaran Nambiar &

Mohammed Nias C.P. JJ …...........................................................

W.P. (Crl) Nos. 70 & 118 of 2021 ….............................................................

Dated this the 23^rd day of September, 2021

JUDGMENT

Mohammed Nias C.P. J In exercise of power under Section 3(1)(i) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 ('COFEPOSA' for short), by orders dated 19-11-2020, the Joint Secretary, Ministry of Finance, directed that one Jalal A.M. and Mohammed Shafi.P.

be detained with a view to prevent them from smuggling.

2. Habeas Corpus Petition, WP(Crl)No.70 of 2021 has been filed by Sajmi, W/o. Jalal A.M. (hereinafter referred to as “detenue”) who is under detention from 25-11-2020 under the order aforesaid. The grounds of the detention were supplied to the detenue on 28-11-2020

3. Habeaus Corpus Petition, WP(Crl.)No.118 of 2021 is filed by Jamseena, W/o. Mohammed Shafi.P. (hereinafter referred to as “detenue”) who is under detention from 26-11-2020 under the order aforesaid. The grounds of the detention were supplied to the detenue on

28-11-2020.

4. Since in both cases, the detention orders arise from a similar set of allegations, they were heard together.

5. On the basis of the information receiv