SULTAN ALIBHAI SHARIEFF Vs. UNION OF INDIA

JUDGEMENT

(1.) This Original Petition is filed by Sultan Alibhai Sharieff, who is detained in the Central Prison, Trivandrum as per detention order dated 1-4-1996 issued by the Government of Kerala under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as 'the COFEPOSA Act'). Immediately after detention, the detenu was served with the grounds of detention, the detenu was served with the grounds of detention. Petitioner filed a representation dated 15-5-1996 with regard to the grounds of detention. Copies of the representation were sent to the State Government, Chairman, COFEPOSA, Advisory Board, Ernakulam and Additional Secretary to the Government of India Ministry of Finance, New Delhi.

(2.) On 2-5-1996, the Government of India, Ministry of Finance, Department of Revenue issued the declaration under Section 9(1) of the COFEPOSA Act. Copy of the declaration is produced as Ext. P20. To Ext. P20, petitioner sent a representation dated 22-5-96.

(3.) The State Government rejected the representation dated 15-5-1996 by order dated 23-5-1996 and rejected the representation dated 22-5-1996 by order dated 25-5-1996. The Central Government rejected both the representations on 2-7-1996. The COFEPOSA Advisory Board by its opinion dated 31-5-1996 held that there was sufficient evidence for the detention of the petitioner under Section 3(1)(i) of the COFEPOSA Act and further continued detention under Section 9(1) of the COFEPOSA Act. The Government of Kerala passed order dated 18-6-1996 confirming the detention under Section 10 of the COFEPOSA Act, for a period of two years from 3-4-1996.