The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

Smuggling, foreign exchange racketeering and related activities have a deleterious effect on the national economy and thereby a serious threat on the security of the State. The COFEPOSA Act was enacted to immobilise by detention, the persons engaged in these operations. The law on preventive detention has gone through several vicissitudes since 1950. Constitutionally sanctioned by Article 22, it had to meet not only the procedural safeguards enshrined in Article 22 but also the safeguards to the rights of the citizen under Article 19 and guarantee for personal liberty under Article 21. The law as stated in the enactments has also to be complied with.

With the detenu having direct access to the Supreme Court under Article 32 in such matters affecting his fundamental rights, one naturally finds most of the developments through the judgements of the Supreme court.

Irrespective of whether the statute under which detention was ordered was a Central or State Act, the development of the law has been principle-based from case to case. Hence, all such cases decided under the previous statutes, except when repugnant to the statutory provisions of COFEPOSA Act, have been placed in this section-wise treatment of the Act. To the extent that the other statutes find mention in the cases, they are included as appendices.

For ease of reference, the subject index is included at the end.

Detailed commentary is provided under the various sections of the statute which provide for Power to make orders detaining certain persons, Execution of detention orders, Power to regulate place and conditions of detention, Grounds of detention severable, Detention orders not to be invalid or inoperative on certain grounds, Powers in relation to absconding persons, Advisory Boards, Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board, Maximum period of detention, Revocation of detention orders, Temporary release of persons detained, Special provisions for dealing with emergency, Protection of action taken in good faith & Repeal.

• All India Reporter :

The work will be found very useful by the busy practitioners, while dealing with cases under COFEPOSA.

                   TABLE OF CASES IX
                   Short title, extent and commencement 4
                   Definitions 16
                   Power to make orders detaining certain persons 17
                   Execution of detention orders 76
                   Power to regulate place and conditions of detention 79
                   Grounds of detention severable 81
                   Detention orders not to be invalid or inoperative on certain grounds 83
                   Powers in relation to absconding persons 83
                   Advisory Boards 87
                   Cases in which and circumstances under which persons
                   may be detained for periods longer than three months without
                   obtaining the opinion of Advisory Board 97
                   Maximum period of detention 103
                   Revocation of detention orders 106
                   Temporary release of persons detained 116
                   Special provisions for dealing with emergency 118
                   Protection of action taken in good faith 120
                   Repeal 120

                   National Security Act, 1980 121
                   Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic
                   Substances Act, 1988 132
                   Prevention of Black-marketing and Maintenance of Supplies of
                   Essential Commodities Act, 1980 141
                   Smugglers and Foreign Exchange Manipulators
                   (Forfeiture of Property) Act, 1976 148
                   Preventive Detention Act, 1950 160
                   W. B. (Prevention of Violent Activities) Act, 1970 166
                   Maintenance of Internal Security Act, 1971 171
                   SUBJECT INDEX 183