(1.) The appellant, who is the wife of one Appisseril Kochu Mohammed Shaji (Shaji A.K.)[1], has approached this Court being aggrieved by the judgment and order dtd. 4/3/2024 passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Petition (Criminal) No. 1271 of 2023[2], 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 dtd. 31/8/2023[3] passed under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974[4].
(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 dtd. 4/3/2024 in Writ Petition (Criminal) No.1271 of 2023 so also the order dtd. 31/8/2023 passed by the Joint Secretary (COFEPOSA), COFEPOSA Unit, Central Economic Intelligence Bureau, Department of Revenue, Ministry of Revenue, Government of India[5] to the Government of India directing the detention of the detenu and the order dtd. 28/11/2023 passed by the Under Secretary, COFEPOSA Wing, Central Economic Intelligence Bureau, Department of Revenue, Ministry of Finance, Government of India[6] confirming the detention order of the detenu. We have directed that the detenu be released forthwith, if not required in any other case. The reasons for the same are as under:
(3.) Shorn of details, the facts giving rise to the present appeal are as under: