Dismissed

Sunil Kumar Mohana Kumaran Thampi v. Union of India

Kerala HC7 Oct 2021WP(C)/3970/2020

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the writ petition as infructuous. The court noted that a pending criminal writ petition by the petitioner's wife challenging the same detention order obviated the need to decide the current petition, with rights reserved for the criminal petitioner.

What did the court decide?

Dismissal of the writ petition as infructuous without prejudice to rights in the pending criminal writ petition.

Sunil Kumar Mohana Kumaran Thampi Vs Union of India — Narcotics (NDPS) | Kerala HC (2021)

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WP(C) NO. 3970 OF 2020 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR &

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 7^TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943 WP(C) NO. 3970 OF 2020

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PETITIONER:

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SUNIL KUMAR MOHANA KUMARAN THAMPI AGED 32 YEARS

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S/O. MOHANA KUMARAN THAMPI, T.C. 8/435-3, SANKARAMANGALAM, SWATHY LANE, THIRUMALA P O, MANGATTUKADAVU, THIRUVANANTHAPURAM-695006, KERALA STATE .

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BY ADV R.ANIL

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL ECONOMIC INTELLIGENCE BUREAU, 6TH FLOOR, B-WING, JANAPATH BHAVAN, JANAPATH, NEW DELHI-110001.

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2 JOINT SECRETARY (COFEPOSA) GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL ECONOMIC INTELLIGENCE BUREAU, 6TH FLOOR, B-WING, JANAPATH BHAVAN, JANAPATH, NEW DELHI-110001.

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3 ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, ZONAL UNIT, COCHIN-682031.

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BY ADVS. JAISHANKER R.NAIR CGC SRI.SUVIN R.MENON, CGC SRI.S.MANU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3970 OF 2020

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JUDGMENT

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A.K.Jayasankaran Nambiar, J

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This writ petition was filed at the stage when the petitioner was apprehending a detention order under the COFEPOSA Act. It would appear that subsequently an order of detention came to be passed and the petitioner was detained pursuant to the said order.

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We notice that W.P(Crl) No.171/2021 has since been preferred by the wife of the petitioner, challenging the said detention order. Under the circumstances, we are of the view that nothing survives to be considered in this writ petition. Accordingly, this writ petition is dismissed as infructuous without prejudice to the right of the petitioner, the detenue in W.P(Crl.)No.171/2021 to urge all grounds available to him in the said writ petition.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

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WP(C) NO. 3970 OF 2020

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APPENDIX OF WP(C) 3970/2020

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PETITIONER EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE PETITIONER'S REPRESENTATION TO THE SECOND RESPONDENT DATED 18.07.2019. EXHIBIT P1(A) THE ORDER OF HON'BLE CHIEF JUDICIAL MAGISTRATE(ECONOMIC OFFENCE) COURT, ERNAKULAM DATED 12.6.2019 IN CMP NO. 2347 OF 2019. EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 18.12.2019 TO THE FIRST RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

Sunil Kumar Mohana Kumaran Thampi v. Union of India

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Sunil Kumar Mohana Kumaran Thampi v. Union of India

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