NIVRUTTI RAGHU SHILWANT Vs. K.L.VERMA

JUDGEMENT

(1.) ON 10-11-1994 the detenu was intercepted at Sahar Airport and foreign currency was found on his person came to be attached under a pachanama. Thereafter, statements of detenu were recorded from 10-11-1994 to 30-11-1994. He came to be arrested on 11th November 1994 and was produced before the Metropolitan Magistrate on the same day. He came to be released on bail on 17th November 1994.

(2.) ON 11th January 1995 the order of detention under S.3(1) of the COFEPOSA Act came to be issued by the specially empowered officer i.e. respondent No.1, Mr. K.L.Verma, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi with a view to preventing him from engaging in prejudicial activities of like nature. This order was served upon the detenu on 21-1-1995.

(3.) SINCE admittedly in the present case, the detenu was not made aware of his right to make representation against the declaration under S.9(1) of the COFEPOSA Act to the authority that made the declaration viz., respondent No.3, the same amounted to violation of Article 22(5) of the Constitution of India. In view of this position the order of declaration issued by respondent No.3 is vitiated and is liable to be quashed.