P H ABDUL KAREEM Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 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. dollar 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 arrested on 18th March, 1993 under Section 35 of Foreign Exchange Regulation Act 1973 and was produced before the Chief Judicial Magistrate, Trivendrum on 19th March, 1993 and he remanded the petitioner to judicial custody till 1st April. 1993.