Supreme Court of India · 2004-09-30
T.P. Moideen Koya vs Government Of Kerala And Ors
- Citation / case number
- AIR 2004 SUPREME COURT 4733
- Court
- Supreme Court of India
- Petitioner
- T.P. Moideen Koya
- Respondent
- Government Of Kerala And Ors
- Author
- G.P. Mathur
- Bench
- G.P. Mathur, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that the detention order under Section 3(i)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was valid, as the petitioner had previously absconded and was involved in significant smuggling activities. The Court emphasized that the dismissal of the Special Leave Petition against the Kerala High Court's order did not bar the petitioner's right to approach the Supreme Court under Article 32 for the protection of his fundamental rights. Ultimately, the Court dismissed the writ petition as the petitioner had already served his detention period and was released.