A Division Bench of the Kerala High Court on Tuesday upheld the preventive detention of Rabins Hameed, one of the accused in the diplomatic gold smuggling case, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act.
The Bench comprising Justice A.K. Jayasankaran Nambiar and Justice C.P. Muhammed Nias observed that the detention order issued by the joint secretary, COFEPOSA, New Delhi, was legal and issued with due application of mind and after arriving at the requisite subjective satisfaction based on the sufficient materials, facts, and circumstances of the case.
The court passed the verdict while dismissing a petition filed by Fousiya Rabins, wife of the accused, seeking to quash the detention order. The court found considerable justification in the Customs submission that Rabins Hammed’s role as a financier as well as his antecedents points out to his propensity to continue the smuggling activities further as well and the only effective way to prevent the prejudicial activities in future was by detaining him.
