DILJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner having been detained pursuant to order of detention dated 25.6.1997 issued by the Lt. Governor of National Capital Territory of Delhi under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short referred to as COFEPOSA Act) has challenged the same mainly on the ground that the report under Section 3(2) of COFEPOSA Act sent by the State Government to the Central Government was not considered by the Secretary (Revenue) in the Ministry of Finance and the continued detention of the petitioner, therefore, is illegal.

(2.) It is not in dispute that the detention order in this case was passed by the Lt.Governor of the National Capital Territory of Delhi and, therefore, under Section 3(2) of the COFEPOSA Act the State Government was required within 10 days of making the detention order to forward to the Central Government, a report in respect of the detention. The short question before us is whether this report was required to be considered by the Secretary (Revenue) in the Ministry of Finance for and on behalf of the Central Government, or it could even be considered by a Joint Secretary, as has been done in the present case.

(3.) The learned counsel for the respondents have relied upon a notification dated 26.4.1991 issued by Minister of Finance, Government of India, directing that the powers vested in the Central Government under the COFEPOSA Act shall be exercised by the officers in the Ministry of Finance, Government of India as mentioned in the said notification, namely the Secretary or Special Secretary or Additional Secretary or Joint Secretary in the Ministry of Finance, Department of Revenue upon whom the powers under Section 5, Section 7 ), Section 8 (f), Section 10, Section 11 and Section 12(1) were conferred. It is, therefore, the contention of the respondents that as the report under Section 3(2) has been considered by the Joint Secretary in the Ministry of Finance who has been vested with powers by notification dated 26.4.1991 under Section 11 of the COFEPOSA Act, no fault can be found with the same.