MUHAMMED FAISAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Joint Secretary to the Government of India in the Ministry of Finance (Department of Revenue) on 27/9/2019 in exercise of the powers under Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for brevity 'the COFEPOSA Act') issued Ext.P1 ordering to detain Sri.Abdul Hakkeem P.P. @ Abdul Hakkim P.P. and keep him in custody in the Central Prison and Correctional Home, Thiruvananthapuram. The order was executed on 28/12/2021. In compliance with the provisions of Sec. 3(3) of the COFEPOSA Act read with Clause (5) of Article 22 of the Constitution of India the grounds of detention along with the documents mentioned and relied upon therein were communicated to the detenu. On receipt of the detention order and the grounds of detention, the detenu submitted representation dtd. 27/1/2022 to the Joint Secretary (COFEPOSA) and to the Central Government addressed to the Director General, Central Economic Intelligence Bureau. The representations were rejected on 4/2/2022 and 29/3/2022, respectively. Thereupon this Writ Petition under Article 226 of the Constitution of India has been filed, on behalf of the detenu, by his brother.

(2.) This writ petition was admitted on 8/4/2022. The learned Central Government Counsel entered appearance for respondent Nos.1 to 3. The Deputy Solicitor General of India took notice for the 4th respondent and the learned Government Pleader took notice for the 5th respondent.

(3.) A counter affidavit dtd. 19/5/2022 on behalf of respondent Nos.1 to 3 was placed on record by the Deputy Secretary to the Government of India, Central Economic Intelligence Bureau, Department of Revenue, Ministry of Finance. A counter affidavit dtd. 24/5/2022 for the 4th respondent was placed on record through Deputy Solicitor General of India. The petitioner has filed a reply affidavit dtd. 29/6/2022 in answer to the counter affidavits filed on behalf of respondent Nos.1 to 4.