Custody under COFEPOSA Act: Kerala HC orders probe into the leak of top secret order before execution

A division bench of the Kerala High Court on Tuesday ordered an inquiry into how a “top secret” document relating to the detention of a person under the Protection of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act reached the accused person before the order is executed.

A bench of Justices Anil K Narendran and P G Ajith Kumar issued the direction to the state police chief in a petition filed by Fasalu Rahman, 29, a native of Malappuram, arrested by the Directorate of Revenue Intelligence in connection with the seizure of 9.73 kg gold in last year of December. He has sought quashing of the detention order passed against him by Joint Secretary, COFEPOSA, Central Economic Intelligence Bureau, New Delhi.

The Bench adhered that the State Police, which is the executing agency in preventative guardianship under the COFEPOSA Act, has to preserve entire secretiveness in applying the detainment arrangements.

We consider it appropriate to direct the State Police Chief to conduct a detailed inquiry through an officer, not below the rank of SP as to how the ‘top secret’ communication reached the hands of the petitioner. Based on the report of the investigation, appropriate action will be taken against the officials concerned, who are not responsible for maintaining complete confidentiality of that communication. The action taken report will be filed before this court before November 28, the court said.

The state police had described the court that while executing the detainment order of another person, asub-inspector had inaptly given a dupe of the private document along with the order, and the supplicant in the case had entered a dupe of the secret document from him.


Hi, my name is Nisha and I'm an educational journalist based in India. I've always been passionate about the power of education to transform lives, and that's what led me to pursue a career in journalism focused on this area. I completed my Bachelor's degree in English from Hindu College in Delhi in 2013 and then went on to earn my Master's in Journalism and Mass Communication from the Indian Institute of Mass Communication in 2017. During my studies, I also completed several short-term courses on Education in India, Sociology, and other related subjects to deepen my knowledge in this field. I'm particularly interested in improving access to quality education in rural areas, where students often face significant challenges. I've worked on a number of initiatives to address this issue, including advocating for better policies, resources, and practices that can make a difference. As an educational journalist, I'm passionate about using my platform to highlight important issues in the education space. I've covered a wide range of topics, including the impact of technology in the classroom, innovative approaches to teaching and learning, and the challenges facing students from marginalized communities. One of the things I love most about my work is the opportunity to constantly learn and grow. I'm an avid reader and believe that reading is key to expanding one's knowledge and perspective. I'm always seeking out new ideas and insights to help me better understand the world around me. In summary, as an educational journalist, I'm dedicated to using my skills and expertise to make a positive impact in the field of education. I'm committed to improving access to quality education for all students and to using my platform to raise awareness about important issues in this area.

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