9911796707
TMI Blog2003 (7) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The detenu was detained in execution of the order of detention on 04.09.2002 and detained in Central Jail, Thiruvananthapuram. The detenu submitted his representation to the Detaining Authority and the Central Government and the same were rejected. 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 said case was placed before the Advisory Board and the Advisory Board submitted in its opinion that there is no ground for detaining the said Mohammed Mustaffa. In accordance with the report of the Advisory Board, the detaining Authority, the State of Kerala, by its order dated 15.01.2002 revok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... layalam and no translation thereof into english has been provided and, therefore, the consideration of the representation without taking into the consideration of these vital material is no consideration in the eyes of law as in all probabilities the person who dealt with the representation and took a decision thereof on behalf of the second respondent could not be knowing Malayalam. Mr. Kumar also submitted that in the facts disclosed in the grounds of detention it would be a case of no material against the detenu and sweeping allegations of violations of the Customs Act and dealing in smuggled goods to a huge figure has been arrived at totally unsupported by any material. Therefore, he would submit that the detention order is vitiated since the conclusion is not supported by any material annexed to the grounds of detention. Learned Additional Solicitor General appearing for the Union of India submitted that the appeal is devoid of any merit or substance and deserves to be rejected outright by this Court and that the delay, if any, on the part of the Central Government has been properly explained in para 3 of its counter affidavit filed in this Court. He, therefore, submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority on the same day i.e. 30.09.2002. The comments on the representation along with English translation, sent by the Sponsoring Authority vide their letter dated 04.10.2002 were received in the COFEPOSA unit on 07.10.2002 (in between 05.10.2002 and 06.10.2002 were holidays, being Saturday and Sunday). The case filed along with relevant material was submitted to the Under Secretary, COFEPOSA on 07.10.2002. The Under Secretary processed the case and put up to the Joint Secretary on the same day i.e. 07.10.2002. The Joint Secretary submitted the file to the Secretary, Ministry of Finance, Department of Revenue on 07.10.2002 itself. The Secretary, Ministry of Finance, Department of Revenue, considered 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 file was received back from the office of the Secretary, Revenue on 18.10.2002. Memorandum of rejection of representation was issued to the detenu herein through the concerned Jail Authority at Thiruvananthapuram on 18.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perly and has made an effective and meaningful representation for revoking the detention order. The translated version of the ground of detention has also been furnished to the detenu. While serving the grounds of detention on the detenu on 12.09.2002, he has made an endorsement to the effect that he has read and understood the grounds of detention and he has no complaint in this regard. We are not required to decide whether subjective satisfaction of the Authority is justified or not, yet a perusal of the records would reveal that the Detaining Authority has considered all the relevant aspects borne out from the aforesaid records before issuing the detention order and after arriving at the subjective satisfaction as to the necessity of detaining him by invoking the provisions of the COFEPOSA Act. The seized documents show that the detenu in this case had dealt with 290 smuggled gold biscuits valued at ₹ 1.5 crores with Kunjumon and had carried out transactions worth ₹ 18 crores during the period 01.08.2001 to 15.08.2001. Mr. Bapu who was involved in the contribution of tube money stated that the detenu is an accomplice of Kunjumon and he had telephoned him at his resid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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