REXLAND MARY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order passed in G.O.No.SR.1/64 -3/2015 Public (S.C) Department, dated 21.08.2015 by the first respondent who is none other than the detaining authority against the detenu by name A.Abraham Jayakumar, Son of Late.N.Ambrose and quash the same and thereby set him at liberty forthwith.

(2.) It is averred in the detention order that on the basis of reliable information received by the Directorate of Enforcement, Chennai, a detailed investigation has been conducted against the detenu by name A.Abrahim Jayakumar, Son of Late.N.Ambrose and others and ultimately found that a huge sum of Rs.67,82,00,810/ - is involved and a sum of Rs.62,50,000/ - has been recovered and after finishing investigation, the Director of Enforcement, Chennai has made his recommendation to the Government to detain the detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) for a period of one year and in order to quash the same, the present Habeas Corpus Petition has been filed by the wife of the detenu as petitioner.

(3.) On the side of the first respondent a detailed counter has been filed wherein it has been clearly stated that the first respondent on the strength of reliable information and other details furnished by the Directorate of Enforcement, Chennai has rightly detained the detenu under COFEPOSA Act and further the representation given on the side of the detenu has been duly disposed of and therefore the detention order passed by the first respondent is perfectly correct and the same need not be set aside and altogether the present Habeas Corpus Petition deserves to be dismissed.