M JAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner Jayakumar Moorthy 18 seeking the setting aside of the detention order passed on 28th of December, 1987 by the Government of Kerala u/s. 3(1)(ii), 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), for short, the COFEPOSA Act. The order was made against the petitioner with a view to preventing him from abetting the smuggling of gold, engaging in transporting or concealing or keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods.

(2.) Alongwith the impugned order, the ground of detention also dated 28th December, 1987 were served on the detenu while he was in judicial custody. On 3rd February, 1988, declaration u/s. 9(1) of the COFEPOSA Act (as amended), was issued by Shri B. V. Kumar, Additional Secretary to the Government of India. The COFEPOSA Advisory Board in its report opined that there was sufficient cause for the detention and the continued detention of the petitioner. Accordingly, u/s. 8(f) of the COFEPOSA Act, the State of Kerala confirmed, that the detention of the petitioner shall continue for a period of 2 years from 2-1-1988.

(3.) In the order of detention, the petitioner was informed that if he so desired, he could make any representation against the order of his detention to the detaining authority and/or the Central Government and/or to the Chairman, COFEPOSA Advisory Board, High Court of Kerala, Arunaculam, through the Superintendent, Central Prison, Trivendrum.