A T MAIDEEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITION under Article 226 of the Constitution of India for the issuance of a writ of Habeas Corpus to call for the records relating to the detention order passed in G.O. No.SR.I/633-4/2003, Public (SC) Department, dated 22.05.2003, passed by the first respondent, quash the same and direct the respondents to produce the body of the person of the detenu A.T. Maideen, son of A.L.Ahamed Thambi, now detained in the Central Prison as COFEPOSA detenu before court and set him at liberty. P.D. Dinakaran, J. The petitioner herein, who has been clamped with an order of detention dated 22.05.2003 passed by the first respondent under the provisions of Sec.3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short "COFEPOSA") with a view to prevent him from indulging in smuggling activities in future, challenges the validity of such order in this habeas corpus petition.

(2.) THE present petition is the second round of contest before this Court, questioning the validity of the impugned detention order.

(3.) NOW, let us tersely refer to the contentions projected in the earlier petition and as to how the same were dealt with by the Division Bench in the earlier order dated 18.02.2004.