V K NASSAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide order dated January 25, 1989, passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') the petitioner has been detained on February 2, 1989, with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange. This writ petition has been filed challenging the aforesaid detention order.

(2.) The learned counsel for the petitioner has raised three grounds for challenging the said detention order. Firstly, he has argued that it is not disclosed in the order of confirmation served on the detenu on May 15, 1989, as to when, in fact, the reference was made to the Advisory Board and as to whether the Advisory Board had submitted its opinion within eleven weeks from the date of detention or not. Hence, he wanted the court to look into the record to verify these facts.

(3.) The record shows that the reference was made to the Advisory Board on March 8, 1989 and the Advisory Board gave the opinion on April 20, 1989 and soon after the opinion was received by the Government. Under Section 8 of the COFEPOSA Act, the reference to the Advisory Board has to be made within five weeks from the date of the detention and the Advisory Board is required to give its opinion within eleven weeks from the date of the detention. These legal requirements have been complied with. Hence there is no merit in this contention.