RAJESH JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition Rajesh Jain the petitioner seeks setting aside of the order dated the 26th August 1988 under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (for short the Ordinance) passed against him by Shri K. L. Verma, Joint Secretary to the Government of India. The order was passed with a view to preventing the petitioner (detenue) from abetting in the export from India of narcotic drugs. The detenue is further challenging the declaration under Section 10(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the Narcotic Drugs Act) dated 29th September 1988 made by Shri K. J. Raman Additional Secretary to the Government of India.

(2.) At the outset, we may notice that the impugned order is successive order of detention. The first order was passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act) on 24th May 1988 by Shri K L. Verma, with a view to preventing the petitioner from abetting the smuggling of goods. In pursuance of that order of 24th May 1988 the petitioner was detained on 26 h May 1988. The case was referred to the Advisory Board for its opinion on 27th June 1988 by the Central Government. It is the admitted case of the parties that the Advisory Board did not submit its report, although the matter was listed before it on 25th August 1988 for consideration.

(3.) The respondent's case is that as the Board did not submit its report in accordance with the provisions of Section 8 (c) of the COFEPOSA Act, they had no option but to revoke the earlier order of detention. The order of revocation and 25th August 1988 reads as follows : "Whereas an order F.No. 673/251/88-Cus. VIII dated 24.5.88 was passed by the Joint Secretary to the Government of India under Section 3(1) of the Conservation of foreign Exchange and Prevention of Smuggling Activities Act, 1974 for the detention of Shri Rajesh Jain and he was detained on 26-5-88 in pursuance of the above said order. 2. WHEREAS the case was referred to the Advisory Board on 27.6,88, but the Advisory Board has not submitted its report in accordance with the provisions of Section 8(c) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. NOW, therefore, in exercise of the powers conferred by Section 11(1) of the aforesaid Act the Central Government hereby revokes the above said detention order."