REJEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) Order passed by the Government of Kerala, dated 1942001, whereby Sri S. S. Nassar (Husband of the petitioner herein) had been directed to be detained and kept in custody in the Central Prison, Thiruvananthapuram, is under challenge. Such an order had been issued by the Government entering a satisfaction that the said person was to be prevented from smuggling goods, abetting the smuggling of goods, and engaging in transporting or concealing or keeping smuggled goods. Such powers were exercised purportedly under S.3(1)(i), 3(1)(ii) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act).

(2.) It is submitted that the order suffers from want of jurisdiction, improper application of mind and procedural delay. Though passed on 19-4-2001, its enforcement had been delayed for years and Sri Nassar had been apprehended only on 14-7-2004. The delayed implementation was not attributable to any of his conduct and did not also support the provisions of the COFEPOSA Act. With reference to authorities of the Judgment of the Supreme Court, it is prayed that the impugned orders are to be set aside and the detenu released.

(3.) Counter affidavits have been filed by the Additional Chief Secretary and Principal Secretary (Home & Vigilance), Government of Kerala as well as the Deputy Secretary, Ministry of Finance, Department of Revenue, New Delhi, on behalf of the second respondent -- Union of India. They have stoutly opposed the claims, as have been raised.