Y MOHAMED ALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein challenges the impugned orders of detention, dated 13.04.2007, whereby, his brothers by name Mohamed Asif and Mohamed Masood have been detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA Act).

(2.) The sole ground raised in the above Petitions to beset the orders of detention is, non-consideration of the pre-detention representations, dated 04.04.2007, sent by the mother of the detenus.

(3.) It is seen that the detention orders were clamped on the detenus on 13.04.2007 and the pre-detention representations, dated 04.04.2007, have been sent by their mother to the Law Minister, Government of Tamil Nadu, Chennai, through speed post. Copy of the representations dated 04.04.2007, the certificate issued by the postal authorities in proof of delivery of the speed post to the addressee viz., Law Minister, Govt. of Tamil Nadu, Chennai, and the acknowledgement, dated 06.04.2007, of the Secretariat for receipt of the post by the office of the Law Minister, have been furnished in the typed set of papers. On the strength of such materials, it is submitted that those pre-detention representations have not been taken into consideration at all by the Law Minister while approving the order of detention and that, subsequent to the detention, representations, dated 09.07.2007, have been sent, wherein, the pre-detention representations have been mentioned; however, while disposing of the representations dated 09.07.2007, in para No. 7, it is simply stated that the pre-detention representations dated 04.04.2007 had not been received by the Department.