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of <h1>Court upholds detention under COFEPOSA Act, emphasizing smuggling involvement. Procedural claims rejected. Detenu's appeal dismissed.</h1> <h3>Safiya Versus Government of Kerala & Ors.</h3> The court upheld the detention of the appellant under the COFEPOSA Act, emphasizing his involvement in smuggling activities and transactions harming ... - Issues Involved:1. Non-placing of the Advisory Board's opinion regarding Mohammed Mustaffa.2. Inordinate delay in considering the representation of the detenu.3. Non-provision of English translations of documents in Malayalam.Detailed Analysis:1. Non-placing of the Advisory Board's Opinion:The appellant contended that the Advisory Board's opinion, which stated there was no sufficient case for detaining Mohammed Mustaffa, should have been placed before the detaining authority. The court found that the case against the detenu was not built solely on Mustaffa's statement. The detenu was personally heard by the Advisory Board, which opined that there were sufficient grounds for his detention. The court concluded that non-placing of Mustaffa's revocation order did not vitiate the detention order against the detenu. The High Court's rejection of this contention was deemed appropriate.2. Inordinate Delay in Considering the Representation:The appellant argued that there was an undue delay in considering the detenu's representation. The court examined the timeline of events and found that the Central Government had adequately explained the delay. The representation was processed promptly, with necessary translations and comments obtained in a timely manner. The court noted that the time taken included weekends and public holidays, and thus, there was no undue or unexplained delay. This contention was rejected.3. Non-provision of English Translations:The appellant claimed that several documents relied upon for detention were only in Malayalam and not translated into English. The court found that the Detaining Authority had forwarded English translations of the documents to the Central Government. The detenu had received and understood the grounds of detention, as evidenced by his effective representation. The court concluded that the allegation of non-provision of translations was baseless.Additional Findings:The court emphasized that there were sufficient materials to show the detenu's involvement in smuggling activities. The detenu had dealt with 290 smuggled gold biscuits valued at Rs. 1.5 crores and had transactions worth Rs. 18 crores with Kunjumon. The court noted that the detenu's activities harmed national interest and economy, justifying the detention under the COFEPOSA Act. The subjective satisfaction of the detaining authority was upheld, and the High Court's cumulative view of the situation was affirmed.Conclusion:The appeal was found to be devoid of merit and substance. The court dismissed the appeal, agreeing with the High Court's conclusion that the detenu had violated the law and that his detention was in the larger national interest. The court emphasized the importance of strict compliance with legal provisions while recognizing the impact of economic offences on national interest.
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