Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Object of COFEPOSA - Delay in issuing detention order - Held, COFEPOSA intends to deal with persons engaged in smuggling activities who pose a serious threat to economy and thereby security of nation - Such persons by virtue of their large resources and influence cause delay..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- COFEPOSA - Preventive detention - Validity - Prejudicial activity which prompted sponsoring authority to recommend for detention of detenu under COFEPOSA had taken place on 17th of November, 2012 - Allegation related to export of red sanders through International Container..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- COFEPOSA - Preventive detention - Detention order passed on 6.5.2013 and served on 11.6.2013 - Held, detention order cannot be said to have been vitiated on this ground...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 13(1) - - Detention - Unexplainable delay of 75 days in disposal of detenu's representation - Held, it is apparent on the face of record that representation of detenu, addressed to Central Govt. and State Govt. had not been dealt with and decided with due expedition promptness and..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Challenge to - Held, proposed detenue entitled to challenge detention order at pre-execution stage - He is also entitled to do so after several years had elapsed after passing of detention order on grounds other than five grounds enumerated in Alka Subhash..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 - - Proceedings u/s.7 - Absconding detenu - Challenge to detention orders - Live nexus theory - Held, those who have evaded process of law shall not be heard to say that their fundamental rights are in jeopardy - At least, where proceedings such as the one contemplated u/s.7 of..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Delay in disposal - Does not vitiate the original order of detention - By reason of the delay, only further detention of the detenu will become illegal...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Article 22(5) of the Constitution casts a legal obligation on the Government to consider the detenus representation as early as possible - Though no time limit is prescribed for disposal of the representation, the constitutional..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Delay - Can be explained - Court can consider whether delay was occasioned due to permissible reasons or unavoidable causes - It is not enough to say that delay was very short - Even longer delay can be explained - The test is not the..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Delay - Held, seeking views of the sponsoring authority cannot be said to be a futile exercise...........
