M SAINABA Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ of Habeas Corpus has been preferred by the wife of V. Haris, the detenu. He has been detained in the Central Prison under S.3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called as COFEPOSA Act).

(2.) Petitioner challenges the detention order dated 18th October, 2001 as well as the order dated 18th January, 2002 confirming the order of detention. The case of the respondent - State is that the detenu was intercepted on 17th August, 2001 while he was travelling in a bus near Sales Tax Check Post, Manjeswaram and 34 gold biscuits of foreign origin, weighing 3,961 grams and valued at Rs. 17,42,840 was recovered from this person and seized under a mahazar drawn on 18th August, 2001. He was arrested on 18th August, 2001 and was remanded to judicial custody. He was later granted bail by order dated 25th September, 2001. Government of Kerala issued detention order dated 18th October, 2001 and detenu was arrested on 30th October, 2001 in pursuance of the said order of detention. The COFEPOSA Advisory Board heard his case on 7th January 2002. Later Government ordered continued detention for a period of one year as per Government Order dated 18th January, 2002. Detenu filed detailed objection to the order of detention, vide Ext. P - 4 English translation of which is Ext. P 4(a). Apart from various other grounds raised against detention order, counsel for the detenu laid stress on Para.4 of the reply statement which we extract below for easy reference.

(3.) Counter affidavit has been filed by the first and second respondents. In the counter affidavt filed by the first respondent, with regard to the contention that the detenu cannot write or read Malayalam, it is stated as follows: