P H ABDUL KAREEM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India has been filed against the order of detention dated 28.7.93 passed against the petitioner by the Joint Secretary to the Govt. of India, Ministry of Finance, Deptt. of Revenue, New Delhi under Section 3(1) of the COFEPOSA.

(2.) ON the basis of information that the petitioner was likely to sell foreign currency illegally, the residential premises and office of the petitioner were searched. Though nothing was seized from residential premises but 12,500 U.S. dollars and five loose sheets were seized from the office of the petitioner. On the basis of the said recovery the respondent came to the conclusion that the petitioner was engaged in clandestine business of sale and purchase of foreign currencies in clear violation of provisions of COFEPOSA.

(3.) THE petitioner was detained by the order passed by the Joint Secretary, Govt. of India, Ministry of Finance, Deptt. of Revenue, New Delhi on 28th July, 1993. This order was passed to prevent the petitioner from further indulging in unauthorized transactions of foreign exchange which were affecting foreign exchange reserves of the country.