In accordance with the report of the Advisory Board, the detaining Authority, the State of Kerala, by its order dated 15.01.2002 revoked the detention against the said Mohammed Mustaffa.
The Joint Secretary submitted the file to the Secretary, Ministry of Finance, Department of Revenue on 07.10.2002 itself.
Aggrieved by the said judgment, the present appeal has been filed before this Court.
It is the case of the appellant that since the facts relating to the said Mohammed Mustaffa is similar and arising out of the same set of circumstances and the order of detention having been held to be improper by the Advisory Board and subsequently having been revoked by the State Government, the said facts and materials ought to have been placed before the detaining Authority by the Sponsoring Authority and the same ought to have been companysidered before passing the order of detention against the detenu herein.
The High Court passed a detailed judgment companysidering all the companytentions raised by the companynsel for the appellant before it including the rulings cited before it.
The case of the prosecution in brief is that on 18.08.2001 a search was companyducted by the Superintendent, Central Excise and Customs on the residence of one Kunjumon.
The appellant also raised the companytention that there has been inordinate delay in companysidering and disposing of the representation of the appellant.
The Under Secretary processed the case and put up to the Joint Secretary on the same day i.e. 07.10.2002.
During the companyrse of investigation, the statement of Mohd.
The case filed along with relevant material was submitted to the Under Secretary, COFEPOSA on 07.10.2002.
Mustaffa, driver and employee of the said Kunjumon and P. Mohammed, the companysin of Kunjumon were recorded.
The detenu was detained in execution of the order of detention on 04.09.2002 and detained in Central Jail, Thiruvananthapuram.
JUDGMENT Arising out of Special Leave Petition Criminal No.
Safiya, the wife of the detenu, filed a writ petition before the High Court of Kerala challenging the detention of her husband T.P. Moideen Koya the detenu on the grounds that the order of detention of the detenu is primarily based upon the statement recorded from Mohammed Mustaffa, an employee of Kunjumon and that an order of detention was passed against the said Mohammed Mustaffa and he was detained by an order of detention dated 17.10.2001 passed by the detaining authority.
The file was received back from the office of the Secretary, Revenue on 18.10.2002.
According to the prosecution, the detenu is involved in dealing in smuggled goods and, therefore, report was made to the detaining authority for detaining the detenu under Section 3 i iv of the COFEPOSA Act, 1974.
1215 of 2003 Dr. AR.
The Secretary, Ministry of Finance, Department of Revenue, companysidered the said representation on behalf of the Central Government and rejected the same on 17.10.2002 in between 12th and 13th October, 2002 were holidays being Saturday and Sunday and 14th and 15th October, 2002 were holidays being Mahanavami and Dussehra festivals.
The detenu submitted his representation to the Detaining Authority and the Central Government and the same were rejected.
Memorandum of rejection of representation was issued to the detenu herein through the companycerned Jail Authority at Thiruvananthapuram on 18.10.2002 and the same was received by the detenu through the companycerned Jail Authority on 21.10.2002.
This appeal is directed against the final judgment and order dated 11.2.2003 passed by the High Court of Kerala in O.P. No.
29561 of 2002 filed by the appellant herein, who is the wife of the detenu T.P. Moideen Koya who is under preventive detention under the COFEPOSA Act vide order of detention dated 21.02.2001.
The said case was placed before the Advisory Board and the Advisory Board submitted in its opinion that there is numberground for detaining the said Mohammed Mustaffa.
LAKSHMANAN, J. Leave granted.
In the search Indian and Foreign currencies and Gold biscuits were found.
