FAZEELA SALIM, W/O.SALIM MELATHU MAKKAR, MELATHU HOUSE, EAST VAZHAPPAILLY P.O, MUVATTUPUSHA, ERNAKULAM, KERALA. BY ADVS. SRI. NIREESH MATHEW SRI. KIRAN SANGAPPA JAVALI Vs. THE JOINT SECRETARY TO THE GOVT.OF INDIA COFEPOSA UNIT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL ECONOMIC INTELLIGENCE BUREAU, 6TH FLOOR, "B" WING, JANPATH BHAWAN, JANPATH, NEW DELHI 110 001

JUDGEMENT

(1.) In the sequence in which they are captioned above, these writ petitions are filed questioning the preventive detention of (i) Salim Melathu Makkar, (ii) Fazil K.B., (iii) Jabin K. Basheer, (iv) Noushad P.A., (v) Yasir Ibnu Muhammed, (vi) Saifudheen M.S., (vii) Bibin Scaria and (viii) Shinoy K. Mohandas, detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, for short, the "COFEPOSA Act".

(2.) The basic substratum of the proposals of the sponsoring authority to detain the aforesaid persons under the COFEPOSA Act and the consideration and issuance of the impugned preventive detention orders by the authority competent to do so, is founded on the bedrock of facts and factors which are cohesive. This is apparent from the fact that paragraphs 1 to 205, enumerated among the grounds of detention of all the detenus, are the same; and it is thereafter that the segregable allegations are pointed out, also with reference to materials in relation to each detenu covered by the particular detention order. The documents relied upon by the authorities are the same for all the detenus. Keeping aside certain pleadings and submissions with reference to the facts of the individual cases; the pleadings, contentions and arguments by and advanced on behalf of the detenus, as well as those on behalf of the authority which issued the impugned detention orders and those by and on behalf of the sponsoring authority, are those which are to be considered simultaneously and to be decided together. Hence, these eight writ petitions seeking release of eight different persons from preventive detention under the COFEPOSA Act are heard jointly and answered through this common judgment.

(3.) All the detention orders were issued on 14.10.2015 by the competent authority. All the writ petitions except WP(Cr).No.52 of 2016 and WP (Cr).No.58 of 2016 were filed before the confirmation of the respective detention orders. WP(Cr).No.52 of 2016 in re Bibin Scaria and WP (Cr).No.58 of 2016 in re Shinoy K. Mohandas were filed after the confirmation of the detention orders.