SAT PRAKASH SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the Detention Order dated 21st February, 2018 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act, 1974') on various grounds inter alia that the delay of 43 days by the Detaining Authority in deciding the representation of the petitioner has violated his fundamental rights and this case is squarely covered by the principles laid down in the recent judgment dated 04th March, 2020 of the Supreme Court in Ankit Ashok Jalan v. Union of India, 2020 SCC Online SC 288. The petitioner is in custody since 11 th October, 2019.

(2.) The brief relevant facts of this case are as under:

(3.) Mr. Vikram Chaudhari, learned senior counsel for the petitioner urged at the time of the hearing that there was delay of 43 days on the part of the Detaining Authority to consider the petitioner's representation on the ground of awaiting the opinion of the Central Advisory Board which is violative of the fundamental rights of the petitioner under Articles 21 and 22(5) of the Constitution. Reliance is placed on the recent judgment of the Supreme Court in Ankit Ashok Jalan (supra) in which Supreme Court held that Detaining Authority was obliged to consider the representation of the detenues without waiting for the opinion of the Central Advisory Board and the delay by the Detaining Authority in considering the representation of the detenues on the ground of awaiting the report of the Central Advisory Board violated the constitutional rights of the detenues. The Supreme Court quashed the detention order holding the detention to be illegal, invalid and unconstitutional and the detenues were directed to be set at liberty forthwith. Reliance is also placed on the judgment of the Kerala High Court in V.K. Anusree v. Union of India, WP(Crl.) No. 45 of 2020 decided on 17th March, 2020 in which the Kerala High Court, following the Ankit Ashok Jalan (supra), quashed the detention order.