2024 (4) TMI 1369

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.... MUHAMED MUSTAQUE, J. This writ petition challenging a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was filed by the wife of the detenu. 2. The petitioner-Shafina Siraj is the wife of Siraj V.E. A search was conducted on 19/6/2023 at M/s. Crescent Collection near Sridhar Cinema Broadway, Kochi. During the search, foreign currencies of 700 U.A.E. Dirham and Indian currency amounting to Rs. 5 lakhs were found and seized. The detention order has been passed under Section 3(1) of COFEPOSA with a view to prevent Siraj from acting in any manner prejudicial to the augmentation of foreign exchange in future. The grounds in the detention order passed were, relying on the....

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....in foreign currencies. He also said he has no knowledge regarding dealing of foreign currencies by Siraj. But he said that Siraj deals with foreign currencies at the rate equivalent to Rs. 1 crore per day. As we perused the statement as a whole, nothing is discernible regarding the dealing of foreign currencies. How foreign currencies are dealt with by Siraj, and in what manner, is not known to anyone. Abdul Hameed also said that Siraj used to get a commission of Rs. 100 per one lakh rupees for transaction of purchases of goods from Mumbai and Siraj used to send details through WhatsApp. This appears to be a Hawala money transaction. We note that this has nothing to do with the foreign exchange violation. We also perused the statement of Sh....

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....y cannot be questioned before this Court in a like manner questioning an appeal arising from conviction. He submits that, if strong suspicion can be gathered by materials, it would be sufficient enough to pass the detention order. 6. The learned counsel for the petitioner, placing reliance on the judgments of the Apex Court in Pebam Ningol Mikoi Devi v. State of Manipur [(2010) 9 SCC 618; Ameena Begum v. State of Telengana [2023 SCC Online SC 1106] and Nenavath Bujji v. State of Telengana [2024 SCC Online SC 367], argued that the detaining authority should have looked at the fact of availability of materials to arrive at a conclusion. In the absence of any materials, they could not have passed an order, impinging the liberty of the citiz....