Detention of a man under COFEPOSA Act confirmed

CHENNAI: After identifying that a case bundle related to a matter has gone missing for more than 11 years, a division bench of Madras High Court confirmed the 2010 detention order passed against a man who claims to be an entrepreneur under Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974.

A division bench of Justice PN Prakash and Justice N Anand Venkatesh passed the orders on rejecting the petition filed by a man named S Zahir Hussain. During the hearing, the judges found that the case bundle had gone missing from the HC registry 11 years ago. The court further noted that it does want to go into the issue of the bundle missing even though it was due to a mistake of the court.

“Even assuming that the court was the cause for the delay in taking up the writ petition for final hearing, the said fault cannot be put against the respondents,” the judges held.

Associate Solicitor General ARL Sundaresan submitted that the detention order was passed as per the recommendation of the DRI.

“Since the petitioner used to illegally import imitation stones by reducing their values and evaded duty tax to the tune of Rs 1.17 crore, the case was booked against him,” the ASG added.