SAFIYA Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Mr. Moideen Koya, the petitioner's husband was ordered to be detained for a period of one year under S.3(1)(iv) of "The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974" (hereinafter referred to as the Act). The petitioner has approached this Court under Art.226 of the Constitution with the complaint that the order is illegal. She prays that the order be quashed and that the detenu be released. A few facts as relevant for the decision of this case may be briefly noticed.

(2.) On August 18, 2001, the Officers of the Customs Department conducted a search at the premises of Mr. Pulikuth Hamzath Abdusalam @ Kunjumon. 38 gold biscuits of foreign origin valued at Rs. 19,80,567/- were recovered. In addition, Indian currency of more than Rs. 15,00,000/- and of foreign Countries was also recovered. Certain documents were also seized. One of these documents was a telephone directory in which there was a reference to "Koyakka, c/o Allaka 370444". Thereafter, the matter was investigated. On October 31, 2001, the detenu was arrested. On November 17, 2001, he was released on bail. On January 21, 2002, an order of detention was passed. A copy of the order of detention is at Ext.P1. The original order is in Malayalam. Despite being asked, the counsel for the petitioner has not filed an English translation. We have, therefore, looked at the copy supplied by the counsel for the respondents. By this order, it was directed that Mr. Koyakka shall be detained for a period of one year. A copy of the grounds on which he had been ordered to be detained was furnished to him. Along with the order of detention, the grounds were also furnished to the detenu. A copy of the grounds for detention has been produced as Ext. P2.

(3.) Even though the order of detention had been passed on January 21, 2001, it could not be served on the detenu despite repeated attempts. It appears that on September 4, 2002, the person who had stood as surety for the detenu at the time of his release on bail, had withdrawn his consent. As a result, the detenu was ordered to be taken into custody by the Court of Additional Chief Judicial Magistrate, Ernakulam. On coming to know of the detenu's presence in prison, the authority served the order of detention on him on September 14, 2002. He submitted a representation on September 26, 2002. A copy has been produced as Ext. P9. It was rejected by the Central Government vide order dated October 18, 2002. However, the petitioner has not produced a copy of this order. The COFEPOSA Advisory Board also heard the detenu on November 14, 2002. His representation was considered. Vide its order dated November 16, 2002, the Board found that there was sufficient cause for the continued detention of Mr. Moideen Koya. Hence this petition.