Case Note & Summary
The petitioner, Ramesh Singh, a friend of the detenu, challenged the detention order dated 3rd October 2003 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The order was served on 8th May 2004, and the Advisory Board meeting was held on 11th June 2004. The petition was filed on 28th June 2004. The co-detenu, Rajendra Tripathi, against whom a detention order of the same date was issued, had his order revoked on 4th December 2003 pursuant to a representation made through his lawyer on 27th November 2003. The petitioner argued that the revocation of the co-detenu's order, whose role was similar to the detenu's, vitiated the detention order. The court found that the State Government failed to forward the order of revocation of the co-detenu along with his representation to the Advisory Board before considering the detenu's case. This failure deprived the detenu of a fair consideration and violated the principles of natural justice. Consequently, the court allowed the petition and quashed the detention order.
Headnote
A) Preventive Detention - COFEPOSA - Revocation of Co-detenu's Order - Non-Communication to Advisory Board - The detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was challenged on the ground that the revocation of the co-detenu's order was not placed before the Advisory Board - The court held that the failure to forward the revocation order and representation to the Advisory Board before considering the detenu's case vitiated the detention order as it deprived the detenu of a fair consideration - The court allowed the petition and quashed the detention order (Paras 1-3).
Issue of Consideration
Whether the failure to forward the order of revocation of the co-detenu's detention along with his representation to the Advisory Board before considering the detenu's case vitiates the detention order.
Final Decision
The court allowed the petition and quashed the detention order dated 3rd October 2003.
Law Points
- Non-communication of revocation of co-detenu's detention order to Advisory Board vitiates detention order
- Detenu entitled to be heard on parity with co-detenu
- Revocation of co-detenu's order on same grounds requires consideration of detenu's case
Case Details
Criminal Writ Petition No.1254 of 2004
R.M.S. Khandeparkar, P.V. Kakade
Shri Maqsood Khan for the petitioner, Shri D.S. Mhaispurkar, APP for the respondents
The State of Maharashtra, Neela Satyanarayan, The Superintendent of Prison, Mumbai Central Prison, The Superintendent of Prison, Nasik Road Central Prison
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Nature of Litigation
Criminal writ petition challenging preventive detention order under COFEPOSA
Remedy Sought
Quashing of detention order dated 3rd October 2003
Filing Reason
Detention order challenged on grounds including non-communication of co-detenu's revocation to Advisory Board
Previous Decisions
Co-detenu Rajendra Tripathi's detention order was revoked on 4th December 2003
Issues
Whether the failure to forward the order of revocation of the co-detenu's detention along with his representation to the Advisory Board before considering the detenu's case vitiates the detention order.
Submissions/Arguments
Petitioner argued that revocation of co-detenu's order on similar grounds vitiates the detention order.
Petitioner argued that State Government was obliged to forward revocation order and representation to Advisory Board before considering detenu's case.
Ratio Decidendi
The failure to forward the order of revocation of the co-detenu's detention along with his representation to the Advisory Board before considering the detenu's case vitiates the detention order as it deprives the detenu of a fair consideration.
Judgment Excerpts
The petitioner challenges the order of detention dated 3rd October, 2003 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, hereinafter referred to as 'COFEPOSA'.
The order of detention was issued on 3rd October, 2003 and was served on 8th May, 2004. The Advisory Board’s meeting was held on 11th June, 2004.
Meanwhile, the detention order of the same date issued against the co-detenu by name Rajendra Tripathi was revoked on 4th December, 2003 pursuant to the representation made by the said co-detenu through his lawyer on 27th November, 2003.
Procedural History
Detention order dated 3rd October 2003 issued under COFEPOSA; served on 8th May 2004; Advisory Board meeting on 11th June 2004; petition filed on 28th June 2004; co-detenu's order revoked on 4th December 2003.
Acts & Sections
- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974: 3(1)
