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2024 Supreme(SC) 774

B. R. GAVAI, PRASHANT KUMAR MISHRA, K. V. VISWANATHAN
Jaseela Shaji – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shinoj K. Narayanan, Adv. Mr. Vishnu Pazhanganat, Adv. Mr. Abid Ali Beeran, Adv. Mr. K. Rajeev, AOR Ms. Niveditha R Menon, Adv. Mr. Pranav Krishna, Adv. Mr. Aditya Verma, Adv. Mr. Tarun Kumar, Adv.
For the Respondent(s): Mr. Nachiketa Joshi, Sr. Adv. Mr. Gurmeet Singh Makker, AOR Mr. Siddharth Sinha, Adv. Mr. Santosh Kumar, Adv. Mr. Aditya Shankar Dixit, Adv. Mr. Mukesh Kumar Maroria, AOR

JUDGMENT :

B.R. GAVAI, J.

1. The appellant, who is the wife of one Appisseril Kochu Mohammed Shaji (Shaji A.K.)1 [Hereinafter referred to as “detenu”] has approached this Court being aggrieved by the judgment and order dated 4th March 2024 passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Petition (Criminal) No. 1271 of 20232 [“habeas corpus petition”] vide which it has dismissed the said habeas corpus petition filed by the appellant for production of the detenu, who was detained pursuant to the order of detention dated 31st August 20233 [Hereinafter referred to as “detention order”] passed under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.4 [Hereinafter referred to as “COFEPOSA”]

2. By order dated 31st of July 2024, this Court allowed the present appeal; quashed and set aside the impugned judgment and order of the High Court dated 4th March 2024 in Writ Petition (Criminal) No. 1271 of 2023 so also the order dated 31st August 2023 passed by the Joint Secretary (COFEPOSA), COFEPOSA Unit, Central Economic Intelligence Bureau, Department of Revenue, Ministry of Revenue, Government of India5 [Hereinaft

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