Case Note & Summary
The petitioner, Valy D'Costa, filed a habeas corpus petition challenging his detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). He was detained by an order dated 20 December 2022 passed by the Government of Goa. The petitioner contended that the detention order was illegal as he was not supplied with copies of relevant documents relied upon by the detaining authority, and his representation made to the Advisory Board was not considered promptly. The respondents argued that all necessary documents were supplied and the representation was considered. The court examined the records and found that certain crucial documents, including statements of witnesses and seizure memos, were not furnished to the detenu, thereby depriving him of an effective opportunity to make a representation. Additionally, there was an unexplained delay of 15 days in considering the representation. The court held that the failure to supply relevant documents and the delay in considering the representation violated the procedural safeguards under Article 22(5) of the Constitution and Section 3(1) of COFEPOSA. Consequently, the detention order was quashed, and the petitioner was ordered to be released forthwith.
Headnote
A) Preventive Detention - COFEPOSA - Section 3(1) - Validity of Detention Order - Failure to supply relevant documents and consider representation - Detention order quashed - Held that non-supply of documents and delay in considering representation vitiates the detention order (Paras 5-10). B) Habeas Corpus - Preventive Detention - Procedural Safeguards - Right to make representation - Article 22(5) of Constitution - Detenu's right to be informed of grounds and to make representation - Failure to consider representation promptly violates constitutional mandate (Paras 8-12).
Issue of Consideration
Whether the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) is valid when the detenu was not supplied with relevant documents and his representation was not considered promptly.
Final Decision
The court allowed the petition, quashed the detention order dated 20 December 2022, and directed the respondents to release the petitioner forthwith.
Law Points
- Preventive detention
- Habeas corpus
- COFEPOSA
- Section 3(1)
- Procedural safeguards
- Right to representation
- Non-supply of documents
- Detention order quashed
