Fri. Nov 27th, 2020

Farha Hussain vs Union Of India & Ors. on 31 May, 2018

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1. This is a petition under Article 226 of the Constitution of India filed by
the wife of Mr. Sharafat Hussain (hereafter „the Detenue‟) seeking the
quashing of a detention order No. F. No. PD/12002/01/2017-COFEPOSA
dated 2nd January 2018, issued by the Joint Secretary to the Government of
India, COFEPOSA Unit, Central Economic Intelligence Bureau in the
Department of Revenue, Ministry of Finance, Government of India under
Section 3 (1) of the Conservation of Foreign Exchange and Prevention of
Smuggling Act (COFEPOSA Act) by which the Detenue was ordered to be

W.P. (Crl) 1338/2018 Page 1 of 20
detained and kept in Tihar Jail, New Delhi.

2. It must be mentioned at the outset that the aforementioned detention order
stood confirmed by the Advisory Board in terms of a Report dated 16th
March, 2018 and the said decision was communicated to the Detenue by a
Memorandum dated 21st March, 2018 issued by the Deputy Secretary,
COFEPOSA stating that his representation dated 24th January, 2018 had
been rejected. This Memorandum was served on the Detenue in the Tihar
Jail on 23rd March, 2018. On an oral prayer, the Court has permitted the
Petitioner to challenge the said memorandum dated 21st March 2018 in these
proceedings.

Source: Indian Kanoon

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