The Government of Kerala thereafter passed a detention order on 21.1.2001 for detaining the petitioner under Section 3 i iv of the COFEPOSA.
15,24,500 and foreign currencies worth Rs.
1215 of 2003 re numbered as Criminal Appeal No.
1,39,360 were recovered and some incriminating documents and a companyputer with accessories were also seized.
The High Court dismissed the habeas companypus petition on 11.2.2003.
Thereafter, the present writ petition has been filed under Article 32 of the Constitution for quashing of the detention order.
2004 Supp 4 SCR 904 The Judgment of the Court was delivered by P. MATHUR, J. 1.
Thereafter, proceedings under Section 7 of COFEPOSA were initiated and numberification was published in the official gazette on 1.4.2002 directing the petitioner to surrender.
The wife of the petitioner, namely, Safiya filed a habeas companypus petition being O.P. No.
The detention order companyld number be served on the petitioner as he absconded.
The judgment is reported in 2003 7 SCC 46.
The detention order was then served upon him in jail on 12.9.2002.
In the appeal preferred against the said decision in the Supreme Court the assessee sought to raise two additional grounds which was number permitted and the appeal was dismissed on merits.
2956 of 2002 in the Kerala High Court seeking quashing of the detention order and for setting him at liberty.
The statement of M. Mohammed Mustafa, a distant relative and employee of Kunjumon which was recorded on 19.8.2001 and the seized documents showed that petitioner Moideen Koya had dealt with 290 smuggled gold biscuits valued at Rs.
The petition has, presumably, been filed to get out of the clutches of Smugglers Foreign Exchange Manipulators Forfeiture of Property Act, 1976, as even before filing of the petition, the petitioner had served out the period of detention and had been released.
Thereafter the assessee filed a second writ petition in the High Court challenging the same assessment order and also raising the grounds which had number been earlier permitted by the Supreme Court.
Safia then preferred Special Leave Petition Criminal No.
He had transaction worth Rs.
Shri A Sharan, learned senior companynsel for Union of India has raised a preliminary objection regarding the maintainability of the present petition.
crores.
He surrendered before the companyrt of Additional Chief Judicial Magistrate Economic Offences , Emakulam on 4.9.2002 and was taken into custody.
The petitioner absconded and proceedings under Section 7 1 of the Act had to be initiated.
This petition under Article 32 of the Constitution has been filed for quashing and setting aside the detention order dated 21.1.2002 issued by Government of Kerala for detaining the petitioner T.P. Moideen Koya under Section 3 i iv of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for short COFEPOSA The residence of one Pulikuth Hamzath AbdussalamKunjumon was searched on 18.8.2001 and gold biscuit of foreign origin weighing 4430.8 grams valued at Rs.
913 of 2003 after grant of leave in this Court which was also dismissed by a detailed order on 28.7.2003.
19,80,567, Indian currency worth Rs.
18 crores with Kunjumon during the period 1.8.2001 to 15.8.2001.
