POLY SAHA Vs. UOI

JUDGEMENT

(1.) This writ petition has been filed challenging the order of detention bearing F. No. 673/05/2010-CUS VIII dated 05.04.2010 passed against the detenu (Sanjay Saha @ Sona Bhai), who is the petitioner's husband, under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'COFEPOSA Act').

(2.) The detention order, which was made on 05.04.2010, was served on the detenu on 09.04.2010. Thereafter, the Advisory Board submitted its report after hearing the counsel for the detenu as well as the representatives of the Central Government. Subsequent thereto, by an order dated 14.06.2010 issued by the Ministry of Finance, Department of Revenue, Central Economic Intelligence Bureau, Government of India, the Central Government, in exercise of power conferred under Section 8(f) of the COFEPOSA Act, confirmed the aforesaid detention order and further directed under Section 10 thereof that the detenu (Sanjay Saha @ Sona Bhai) be detained for a period of one year from the date of his detention, that is, from 09.04.2010.

(3.) The only point urged by the learned Counsel for the petitioner before us was that the detention has become illegal on account of non-supply of relied upon documents within the stipulated period of five days, as indicated by the provisions of Article 22(5) of the Constitution of India read with Section 3(3) of the COFEPOSA Act. He submitted that Bengali translations of the two relied upon documents were supplied to the detenu only on 01.06.2010, that is, after a period of one month and twenty one days from the date of the detention. The two documents which he referred to were: