AI Structured Summary
Not yet generated for this judgment
Judgment
P. Sathasivam, J.—The petitioner in H.C.P. No. 8 of 2006, who is the wife of the detenu by name Mohammed Gani, S/o: Mohammed, who
is detained u/s 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), by the
impugned detention order dated 21.12.2005, challenges the same.
The petitioner in H.C.P. No. 9 of 2006, who is the wife of the detenu by name Shahubar Gani, S/o: Shahubar, who is detained u/s 3(1)(i) of the
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), by the impugned detention order
dated 11.11.2005, challenges the same.
Heard Mr. B.Kumar, learned Senior Counsel for the petitioners and Mr. M.Babu Muthu Meeran, learned Additional Public Prosecutor for the
first respondent and Mr. P.Kumaresan, learned Additional Central Government Standing Counsel for the second respondent.
It is not in dispute that the questions/points raised in these petitions have already been considered by this Court in H.C.P.Nos.6 and 7 of 2006
on 05.07.2006. Accepting the similar contentions, this Court quashed the detention orders made therein and allowed the Habeas Corpus Petitions.
The said decision is applicable to the cases on hand. Accordingly by applying the same, the detention orders issued in these cases are also liable to
be quashed and they are quashed on the same terms.
Accordingly, the Habeas Corpus Petitions are allowed and the impugned orders of detention are set aside. The detenues are directed to be set
at liberty forthwith from the custody unless they are required in some other case or cause.