SHAFEEQ P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The reliefs prayed for by the petitioner in the Writ Petition are the following:

(2.) The order issued by the second respondent against the petitioner, which is sought to be quashed, is an order issued under Section 3(1)(i) and 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as 'the COFEPOSA Act). The order of detention was not served on the petitioner and he was not arrested as, even according to the petitioner, he was all throughout in Dubai, UAE, in connection with his employment.

(3.) The petitioner submits that Ext.P2 grounds of detention was issued to Antony Morris, who is involved in the same incident in which the petitioner is allegedly involved. The petitioner also relies on the facts stated in Ext.P2 grounds of detention issued in the case of Antony Morris. The petitioner relies on Ext.P3 statement given by Antony Morris under Section 108 of the Customs Act to show that there was no real complicity by the petitioner in the incident. It is submitted that even Antony Morris has retracted his statement under Section 108 of the Customs Act.