Section 3 of the Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974

COFEPOSA : Non-supply of vital documents which were considereed by detaining authority while passing detention order vitiated detention order passed against petitioner

■■■

[2015] 53 taxmann.com 28 (Delhi)

HIGH COURT OF DELHI

Pooran Chand Sharma

v.

Union of India

MS. REVA KHETRAPAL AND S.P. GARG, JJ.

W.P. (CRL) NO. 2066 OF 2013

CRL. M (BAIL) NO. 829 OF 2014

AUGUST  20, 2014

Section 3 of the Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974, read with section 37 of the Foreign Exchange Management Act, 1999 and Article 226 of the Constitution of India - Power to make orders detaining certain persons - Whether where documents on basis of which detention order of petitioner under section 3 was passed were not supplied to petitioner, petitioner's right to make an effective representation was gravely impaired and this in itself was sufficient to vitiate detention order - Held, yes [Paras 23 & 27]