Case Note & Summary
The petitioner, wife of the detenu Vilas Vithal Ambokar, challenged a preventive detention order dated 10th April 2015 passed by the Principal Secretary (Appeals and Security), Government of Maharashtra, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The order directed the detenu's detention in Nasik Road Central Prison to prevent him from smuggling goods. The detention was based on intelligence that a gold smuggling racket operated at Chhatrapati Shivaji Maharaj International Airport with the connivance of airline and ground handling staff. The detaining authority relied on statements of co-accused and call data records but did not supply copies of these documents to the detenu. The petitioner argued that this non-supply violated the detenu's right to make an effective representation under Article 22(5) of the Constitution. The respondents contended that the documents were not relied upon and thus need not be supplied. The court analyzed the grounds of detention and found that the statements of co-accused and call data records were indeed relied upon as incriminating material. The court held that the failure to supply these documents deprived the detenu of the opportunity to make an effective representation, thereby vitiating the detention order. The court allowed the writ petition, quashed the detention order, and directed the detenu's release unless required in any other case.
Headnote
A) Preventive Detention - COFEPOSA Act - Right to Make Representation - Non-Supply of Documents - The detaining authority relied on statements of co-accused and call data records but failed to supply copies to the detenu, thereby violating Article 22(5) of the Constitution and Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Held that the detenu's right to make an effective representation was prejudiced, rendering the detention order invalid (Paras 1-10).
Issue of Consideration
Whether the detention order under Section 3(1) of the COFEPOSA Act is vitiated due to non-supply of incriminating material relied upon by the detaining authority, thereby infringing the detenu's right to make an effective representation under Article 22(5) of the Constitution.
Final Decision
The court allowed the writ petition, quashed the detention order dated 10th April 2015, and directed the detenu's release unless required in any other case.
Law Points
- Preventive detention
- COFEPOSA Act
- smuggling
- right to make representation
- non-supply of documents
- Article 22(5) of Constitution
- Section 3(1) COFEPOSA Act
