MANOJ KUMAR KHANDUJA Vs. STATE OF U P

JUDGEMENT

(1.) Manoj Kumar Khanduja petitioner (hereinafter referred to as the detenu) has filed this writ petition to challenge the validity of the detention order passed by the State Government, through the Joint Secretary, Home and Confidential Section, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (No. 52 of 1974) (hereinafter referred to as the COFEPOSA) with a view to preventing him from smuggling goods or engaging in transporting or concealing or keeping smuggled goods.

(2.) We have heard the learned counsel for both sides and are of the opinion that since this writ petition can be disposed of on a short point to be discussed presently, we need not detail the other facts or circumstances involved or detailed in the writ petition.

(3.) The learned counsel for the detenu has pointed out that although the State Government had submitted report to the Central Government under section 3(2) of the Act, yet it was not forwarded to the Central Government within ten days of the passing of the detention order, thereby violating the said mandatory provisions rendering the detention order invalid.