NILU SHROFF Vs. JOINT SECRETARY GOVT OF INDIA

JUDGEMENT

(1.) The petitioner in this WP under Article 226 of the Constitution of India dated August 31, 2013 is questioning a preventive detention order dated July 31, 2013 (WP p.54) issued by the Joint Secretary to the Government of India, Ministry of Finance/Department of Revenue, Central Economic Intelligence Bureau (CEIB), COFEPOSA Unit. The Joint Secretary passed the order in exercise of powers conferred on him by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act). The Joint Secretary directed that the petitioner's husband (Sri. Kapil Shroff) should be detained and kept in custody in the Presidency Correctional Home in Kolkata.

(2.) Mr. Ghosh appearing for the petitioner has submitted that the detention is illegal, because (i) the preventive detention referring to a seventeen-month old stale incident was ordered in colourable exercise of power; (ii) the detaining authority did not consider all the relevant materials; (iii) the detaining authority did not give with the grounds of detention copies of all the documents he relied on; and (iv) the detaining authority and the secretary concerned of the Government rejected the detenu's representations, after a considerable unexplained delay.

(3.) Mr. Ghosh has relied on the following authorities. For (i) Pradeep Nilkanth Paturkar v. S. Ramamurthi & Ors., 1993 Supp2 SCC 61. For (ii) Ahamed Nassar v. State of T.N. & Ors., 1999 8 SCC 473. For (iii) Shalini Soni & Ors. v. Union of India & Ors., 1980 4 SCC 544. For (iv) In re: Durga Show & Ors., 1970 3 SCC 696; Harish Pahwa v. State of U.P. & Ors., 1981 2 SCC 710; Kundanbhai Dulabhai Shaikh v. Distt. Magistrate, Ahmedabad & Ors., 1996 3 SCC 194; and Rajammal v. State of T.N. & Anr., 1999 1 SCC 417.