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Issues Involved:
1. Legality of the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). 2. Application of mind by the detaining authority. 3. Procedural safeguards under Article 22 of the Constitution. 4. Differences between COFEPOSA and National Security Act (NSA) in terms of detention order approval. Issue-Wise Detailed Analysis: 1. Legality of the Detention Order under COFEPOSA: The habeas corpus writ petition was filed challenging the detention order passed by the Lt. Governor of the National Capital Territory of Delhi under Section 3(1) of COFEPOSA. The petitioner, a foreign national, was detained to prevent him from smuggling and transporting smuggled goods. The petitioner contended that the money found in his possession was not contraband and was declared upon arrival in India. The detention order was challenged on the grounds that it was not proper and lacked the necessary application of mind by the detaining authority. 2. Application of Mind by the Detaining Authority: The primary contention was that the detaining authority did not apply its mind and merely approved the grounds of detention prepared by the sponsoring authority. The petitioner argued that the grounds of detention were a verbatim reproduction of the complaint and sanction filed against him, indicating non-application of mind. The counter-affidavit by the detaining authority initially denied this claim but later acknowledged that the grounds of detention were indeed approved by the Lt. Governor, which raised questions about the application of mind. 3. Procedural Safeguards under Article 22 of the Constitution: Article 22 of the Constitution provides procedural safeguards for individuals deprived of their personal liberty. These include the right to be informed of the grounds of arrest, the right to consult a legal practitioner, and the right to be produced before a magistrate within 24 hours. The court emphasized the importance of these safeguards and the need for meticulous compliance with procedural requirements in cases of preventive detention. The court noted that the procedural safeguards mandated under Article 22 were not followed in this case, as the detaining authority did not independently apply its mind. 4. Differences between COFEPOSA and NSA in Terms of Detention Order Approval: The court highlighted the differences between COFEPOSA and the NSA regarding the approval of detention orders. Under COFEPOSA, there is no provision similar to Section 3(4) of the NSA, which requires approval of the detention order by the Lt. Governor. The court noted that while the NSA requires approval of detention orders by the Lt. Governor, COFEPOSA does not. The court found that the Lt. Governor merely approved the draft grounds of detention prepared by the officials, which indicated a lack of independent satisfaction required under COFEPOSA. Conclusion: The court concluded that the detaining authority did not apply its mind independently and merely approved the draft order prepared by the officials. This lack of application of mind vitiated the detention order. Consequently, the court quashed the detention order and directed the immediate release of the detenu unless required in connection with any other case or proceedings.
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