VIPIN SEHGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) A Division Bench of this Court comprising of two of us referred two questions for consideration of this Full Bench. The referring order dated 8.10.1996 reads as follows:-

(3.) The facts of the case are: The petitioner was detained pursuant to a detention order dated 25.4.1996 passed by the 2nd respondent (the Joint Secretary to the Government of India) under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Acvities Act,1974 (hereinafter called as COFEPOSA). The detention order was served on the petitioner on 26.4.1996. Reference was made by the Government of India to the Central Advisory Board on 13.5.1996, within 5 weeks of the detention order. The first hearing before the Advisory Board was on 17.5.19996. A declaration under Section 9(1) was passed on 30.5.1996. Thereafter, the matter was heard before the Advisory Board on 12.7.1996 (which happens to be the 77th day from the date of detention). The Advisory Board sent up its report on 7.8.1996 (beyond 11 weeks). The Board took the view that this was not a fit case where the Section 9(1) declaration ought to have been issued. Accepting the recommendation of the Advisory Board, the Government of India passed a confirmation order under Section 8(f) of the Act read with Section 10 on 20.8.1996 restricting the detention to 1 year.