Publication of order in the Gazette of India in respect of Mr. Fasalu Rahman T. T., the COFEPOSA absconder

## Policy Analysis Report: Order Regarding Mr. Fasalu Rahman T.T. under COFEPOSA Act **1. Executive Summary:** This report analyzes an order (S.O. 3258(E)) issued by the Ministry of Finance, Department of Revenue, Central Economic Intelligence Bureau (COFEPOSA Wing) on July 21, 2022, concerning Mr. Fasalu Rahman T.T. The order, issued under Section 7 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), directs Mr. Rahman to appear before the Director General of Police, Government of Kerala, within seven days of the order's publication. This order comes after a previous order (dated 31.05.2022) was issued to detain Mr. Rahman to prevent smuggling activities, but which could not be executed as Mr. Rahman absconded. **2. Introduction:** This report aims to provide a comprehensive analysis of the order issued by the Central Economic Intelligence Bureau regarding Mr. Fasalu Rahman T.T., based solely on the text provided. The analysis will focus on the order's purpose, key provisions, and potential implications. **3. Policy Overview:** * This order pertains to the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). It is related to a previous order issued under Section 3(1) of COFEPOSA. * **Core Objective:** The core objective, inferred from the text, is to ensure the appearance of Mr. Fasalu Rahman T.T. before the Director General of Police, Kerala, to likely facilitate the execution of a previous detention order aimed at preventing him from engaging in smuggling activities. **4. Background and Rationale:** The order is an action because Mr. Fasalu Rahman T.T. had absconded or concealed himself, preventing the execution of the original detention order issued on May 31, 2022. The rationale for *this specific order* is to compel Mr. Rahman's appearance, thus enabling the enforcement of the initial order to prevent smuggling. **5. Key Provisions / Changes:** This order is an amendment as it refers to and builds upon a prior order PD12001112022COFEPOSA dated 31.05.2022. * **Specific Part of Original Policy Changed/Affected:** This order is an amendment as it pertains to the enforcement of the original detention order, which could not be executed due to Mr. Rahman's absconding. It leverages Section 7 of the COFEPOSA Act to compel his appearance. * **New Rule/Provision:** The *new* rule/provision is the directive for Mr. Fasalu Rahman T.T. to appear before the Director General of Police, State Police Chief, Government of Kerala, Thiruvananthapuram, within 7 days of the publication of this Order in the Official Gazette. * **Difference/Effect of Change:** The *difference* is that instead of relying solely on the original detention order, the government is now using its power under Section 7 of COFEPOSA to actively compel Mr. Rahman to present himself to the authorities. The *effect* of this change, if successful, will be that Mr. Rahman will be available to the authorities, which could allow the execution of the initial detention order. **6. Target Audience and Stakeholders:** * **Directly Affected:** Mr. Fasalu Rahman T.T. is directly affected by this order. * **Other Stakeholders:** The Director General of Police, State Police Chief, Government of Kerala, are stakeholders responsible for receiving Mr. Rahman. The Central Government, specifically the Central Economic Intelligence Bureau (COFEPOSA Wing) and the Ministry of Finance, are also stakeholders involved in issuing and overseeing the implementation of this order. The Central Prison Correctional Home, Poojappura, Thiruvananthapuram, Kerala is also a stakeholder as it was identified as the location where Mr. Rahman was to be detained. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Director General of Police, State Police Chief, Government of Kerala, is responsible for receiving Mr. Rahman. The Central Economic Intelligence Bureau (COFEPOSA Wing) is likely responsible for overseeing the implementation of the order. * **Timelines:** Mr. Rahman is required to appear within 7 days of the order's publication in the Official Gazette (July 21, 2022). * **Amendment-Specific:** The Director General of Police, State Police Chief, Government of Kerala, are responsible for confirming whether Mr. Rahman presents himself within the stipulated timeline and for notifying the relevant authorities. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to ensure the appearance of Mr. Rahman before the authorities, allowing for the potential execution of the original detention order. This would ideally prevent him from engaging in smuggling activities in the future. The impact of *this specific change* is to proactively compel compliance rather than relying solely on the initial detention order. If successful, this will directly aid in preventing potential smuggling. **9. Conclusion:** The order regarding Mr. Fasalu Rahman T.T. represents a proactive measure by the Central Government to enforce a previous detention order aimed at preventing smuggling activities. By invoking Section 7 of COFEPOSA, the government seeks to compel Mr. Rahman's appearance before the authorities, thereby increasing the likelihood of preventing future smuggling activities. The order highlights the government's commitment to enforcing COFEPOSA and combating smuggling.

Key Entities Referenced