SAFIYA Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the final judgment and order dated 11-2-2003 passed by the High Court of Kerala in O.P. No. 29561 of 2002 filed by the appellant herein, who is the wife of the detenu-T. P. Moideen Koya who is under preventive detention under the COFEPOSA Act vide order of detention dated 21-2-2001.

(3.) The case of the prosecution in brief is that on 18-8-2001 a search was conducted by the Superintendent, Central Excise and Customs on the residence of one Kunjumon. In the search Indian and Foreign currencies and Gold biscuits were found. During the course of investigation, the statement of Mohd. Mustaffa, driver and employee of the said Kunjumon and P. Mohammed, the cousin of Kunjumon were recorded. According to the prosecution, the detenu is involved in dealing in smuggled goods and, therefore, report was made to the detaining authority for detaining the detenu under Section 3(1)(iv) of the COFEPOSA Act, 1974. The detenu was detained in execution of the order of detention on 4-9-2002 and detained in Central Jail, Thiruvananthapuram. The detenu submitted his representation to the Detaining Authority and the Central Government and the same were rejected.