MR. IMTIYAZ HUSSAIN Vs. THE CENTRAL GOVERNMENT SECRETARY

JUDGEMENT

(1.) The petitioner herein has challenged the order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1976 ("COFEPOSA Act" for short hereinafter).

(2.) The detention order dated 31.3.2015 was issued by the respondent no.2 against him under Section 3(1) of the COFEPOSA Act, with a view to preventing him in future from acting in any manner prejudicial to the smuggling of gold and allied object. The detention order was served on him on

(3.) 8.2015 and he was taken in detention. He was served with a copy of the detention order with the grounds of detention and the list of documents were purported to have been placed before the Detaining Authority and purported to have been referred to and relied upon by the Detaining Authority. The impugned order of detention was also served on him on 28.7.2015. 3. In the brief facts, on 7.7.2014, the officer of the Customs seized 19.491 kgs of gold from the possession of three international passengers including the petitioner who arrived at the Dabolim Airport Goa from Doha and were placed under arrest. The petitioner assailed the detention order dated 31.3.2015 as being belatedly served on him on 28.7.2015 i.e after a lapse of four months. It was incumbent upon the Detaining Authority to disclose to this Court as to whether the action under Section 7 of COFEPOSA Act was taken which was mandatory in nature. It was incumbent upon the Detaining Authority to disclose to this Hon'ble Court whether during the interregnum period between the detention order and that of its execution on 28.7.2015, whether the detenue had indulged in prejudicial activities and/or if had come to the adverse notice of the Sponsoring Authority or any other authorities.