(1.) Pleadings in this matter are complete. With the consent of the parties, the writ petition is set down for final hearing and disposal.
(2.) Present petition has been instituted under Art. 226 of the Constitution of India read with Sec. 482 Crimial P.C. for issuance of a writ, order or direction in the nature of Certiorari for quashing the detention order bearing F. No.673/03/2016-CUS.VIII dated 20.05.2016 passed under Sec. 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA Act") against Ibrahim Ateef Damda Fakki ("detenue"). The present petition has been filed by the brother of the detenue.
(3.) The necessary facts to be noticed for disposal of the writ petition and as stated by the petitioner in the petition are that the detenue is a resident of Bhatkal, Karnataka. He has completed his B.Com. in the year 2003. Besides his old parents, he has four brothers and two sisters. Initially, the detenue was working as a Sales Executive in Bangalore, however, in the year 2008 he shifted to Dubai in search of a job and better future prospects. At the relevant time, the detenue was working with M/s Richmand General Trading LLC. Simultaneously, the detenue started a small time business wherein he used to trade in electronics and garments. Detenue used to purchase garments from Dubai and used to sell the same to shopkeepers in Bahrain and sometimes customers directly. In order to earn extra money, detenue also used to book online air tickets by charging some commission. Detenue also used to book air tickets of one Ajmal Sheikh in Dubai.
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