address myself to the questions as
noticed above.
Section 10 of COFEPOSA prescribes not only the maximum period of detention
but also the method ... conditional release from custody and changes the mode of
undergoing the sentence. COFEPOSA does not contain any provision
authorising the grant of parole by judicial
Prevention of
Smuggling Activities Act, 1974 , hereinafter referred to as "the COFEPOSA
Act, 1974 ", could be challenged at the pre-execution stage only ... Secretary, Government of India, on 18.08.1997, under Section 3(1) of the
COFEPOSA Act, 1974.
7. Mr. Rohatgi submitted that this was a classic example
Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [for
short ' COFEPOSA Act '] and the Prevention of Illicit Traffic in Narcotic
Drugs ... proceed to examine the relevant
provisions in the COFEPOSA Act and PIT NDPS Act.
Section 3 of the COFEPOSA Act confers the power to make
detenu as required by sub-section (3) of section 3 of
the COFEPOSA Act and clause (5) of Article 22 of the
Constitution ... Article 22
read with section 3 , sub-section (3) of the COFEPOSA Act , it
is necessary for the valid continuance of detention that
subject
Conservation of
Foreign Exchange and Prevention of Smuggling Activities Act,
1974 (COFEPOSA). It provided for preventive detention of
these antisocial elements ... both in force."
3. With effect from 1-7-1975, COFEPOSA was amended in
certain respects. Inter alia, it introduced Section 12-A
containing
liberty.
[226B-C]
(9) Sections 9 and 10 of the COFEPOSA Act imply an
obligation on the part of the detaining authority to place ... Central Act 52 of
1974), hereinafter referred to as 'the COFEPOSA Act , the
Government of Kerala directed that he be detained and kept
issued by the State of
Gujarat under Section 3(1) of COFEPOSA, the petitioner was
detained in Ahmedabad Central Prison, with a view to
preserving ... detention was revoked by the
State under section 8(f) of COFEPOSA and directed his
release forthwith, unless he was required to be retained
Foreign Exchange and Prevention of Smuggling Activities
Act, 1974 (for short, ‘COFEPOSA’) to the extent it empowers the competent
authority to make an order ... Government of India, specially empowered
under Section 3(1) of the COFEPOSA (as amended). The said order reads as
follows :
“No. 673/02/2009
writ quashing and setting aside the
order of detention dated 12.01.2005 under COFEPOSA Act,
1974 issued against the petitioner by respondent No.2 -
Principal Secretary ... Prevention of
Smuggling Activities Act, 1974 (hereinafter referred to as
" COFEPOSA Act ") in pursuance of the impugned order of
detention. The petitioner
5459 of 2019)
1. UNION OF INDIA
2. JOINT SECRETARY (COFEPOSA),
GOVT. OF INDIA, MINISTRY OF FINANCE ...Appellants
VERSUS
DIMPLE HAPPY DHAKAD …Respondent
WITH
CRIMINAL ... remanded to judicial custody.
5
6. The Detaining Authority-Joint Secretary (COFEPOSA), on
being satisfied that the detenues have high propensity to
indulge
