9911796707
|
Home
Issues:
Challenge to detention order under COFEPOSA Act, Jurisdiction of the Court, Merits of the case Analysis: 1. The petitioner challenged the detention order dated 14th November, 1986, under the COFEPOSA Act through a writ application under Article 226 of the Constitution. The petitioner's wife affirmed the application as the petitioner was abroad in connection with his export business at that time. 2. An interim order was granted restraining the respondents from taking any steps in pursuance of the detention order. The petitioner was directed to report to the Deputy Director of Enforcement in Madras weekly until the main writ application was disposed of or the interim order was vacated. 3. The Union of India later sought to vacate the interim order, arguing lack of jurisdiction for the Court to entertain the application. However, the Court reserved liberty for the Union of India to make a formal application regarding jurisdiction. 4. The order for the petitioner to report weekly to the Deputy Director of Enforcement was later vacated upon the petitioner's undertaking to appear when required. 5. A supplementary affidavit by the petitioner highlighted the potential loss of foreign exchange and international market if he remained detained. The Court directed the Deputy Director of Enforcement to reconsider the case and report to the Ministry of Finance within 8 weeks. 6. An application to vacate the interim order was made by the Deputy Director of Enforcement in Calcutta, which was dismissed in a subsequent judgment. 7. The Court dismissed the application to vacate the interim order, and the respondents were directed to file affidavits. The petitioner's business activities in Calcutta established the Court's territorial jurisdiction. 8. The respondents contended that the Court lacked jurisdiction to entertain the application, which was rejected based on the petitioner's business operations in Calcutta. The Court noted that the respondents did not challenge the allegations made by the petitioner. 9. The respondents argued that the Court could not quash the detention proceedings except through a separate writ of habeas corpus. 10. The Court found that the petitioner, engaged in export business, had earned substantial foreign exchange and had necessary permissions for his activities. The Court concluded that the detention order was without jurisdiction and set it aside. 11. The Court emphasized that the purpose of the COFEPOSA Act was not to hinder foreign exchange earnings but to prevent smuggling activities. The order of detention was deemed illegal as the petitioner's detention would have resulted in a loss of valuable foreign exchange. 12. Considering the petitioner's age and significant contributions to foreign exchange earnings, the Court held that the detention order could not be sustained. 13. The Court allowed the application, setting aside the detention order, and directed appropriate writs to be issued. The respondents were permitted to continue adjudication proceedings with a fair opportunity for the petitioner to be heard. 14. The Court made no order as to costs and directed all parties to act on the judgment accordingly.
|
