Foreign exchange will be collected from various ways, such as export of goods and services, remittances by nris, persons resident abroad. It is further stated that the detaining authority is reasonably satisfied that the detenu have abetted activities amounting to smuggling in terms of section 239 of customs act, 1962 and section 2e of cofeposa act, 1974 which have rendered the goods involved liable to confiscation under the customs act, 1962. These are two writ petitions under article 226 of the constitution of india seeking the quashing of orders of preventive detention dated 1 june 2018 passed by the joint secretary, government of india in the cofeposa unit of the central economic intelligence bureau, department of revenue, ministry of finance, government of india in exercise of the powers. Section 8 of the cofeposa act, 1974 as amended act of 1984, says advisory board is to state its opinion not merely whether detention is necessary but whether continued detention is necessary. At the outset, this court notices that the present petitioners had. Conservation of foreign exchange and prevention of smuggling.
Serving pf detention order under cofeposa act 1974 in respect of shri. Ram lal narang vs union of india and ors citation 687795. Ndps act, 1985, pc act, 1988, pmla act, 2002, cofeposa act, 1974, prohibition of benami property transactions act, 1988 and. Director of inspection 1974 1 scc 345 was interpreted as laying down the law that the evidence obtained under an illegal search and seizure does not exclude relevant evidence on that ground. Preventive detention and the conservation of foreign exchange. Conservation of foreign exchange and prevention of smuggling activities act, 1974. The court issued notice on a petition he filed on 1. Smuggling activities, was passed by the parliament on th. Arrest, search and seizure under ndps act procedural safeguards. Cofeposa or the conservation of foreign exchange and prevention of smuggling activities act is an act of parliament passed in 1974 during administration of indira gandhi, trying to retain foreign currency and prevent smuggling. To view the information properly, your browser need to have the required plugins or software. Exchange and prevention of smuggling activities act, 1974. Cofeposa act, 1974 central economic intelligence bureau.
Home actsofparliamentfromtheyear the conservation of foreign exchange and prevention of smuggling activities act, 1974. Conservation of foreign exchange and prevention of smuggling activities act, 1974 cofeposa. Economic intelligence council eic regional economic intelligence councils. The cofeposa is an economic counter part to the misa. Conservation of foreign exchange and prevention of. The conservation of foreign exchange and prevention of smuggling activities act,1974 act no.
Hence, the central government enacted the conservation of foreign exchange and prevention of smuggling activities act cofeposa in 1974 for the reason to provide preventive detention and to protect and augment the guidelines of foreign exchange. Cofeposa or the conservation of foreign exchange and prevention of smuggling activities act is an act of parliament passed in 1974 during administration of. The fcpa can apply to prohibited conduct anywhere in the world and extends to publicly traded companies and their officers, directors, employees, stockholders, and agents. The misa was enacted to prevent subversive activities where as the cofeposa aims at antisocial activity like smuggling and racketing foreign exchange misa expired in 1978 but cofeposa is still in force. Friends we are sharing kerala psc repeatedly asking questions and answers with you. Pdf preventive detention and section 54 of the code of. Chief contemplated therein and to the extent provided. Department of revenue functions under the overall direction and control of the secretary revenue.
Learned asg submits that the detention order under cofeposa act, 1974, to prevent him from engaging in prejudicial activities in future. A reasonable opportunity shall be given to status holder before taking any action under this paragraph. Section 11 of the cofeposa act empowers the central government or the. Home department of revenue ministry of finance goi. Laws the conservation of foreign exchange and prevention of. Arrest, search and seizure under ndps act procedural. Conservation of foreign exchange and prevention of smuggling activities act, 1974 or cofeposa, 1974. An act to provide for preventive detention in certain cases for the purposes of.
Discuss the conservation of foreign exchange and prevention. The conservation of foreign exchange and prevention of. The foreign corrupt practices act fcpa, enacted in 1977, generally prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business. He further submits that the high court of rajasthan had rejected the bail application of the detenue on 09. Principles of natural justice in indian constitution.
Conservation of foreign exchange and prevention of smuggling act. The evidence act permits relevancy as the only test of admissibility of evidence. The conservation of foreign exchange and prevention of smuggling activities act, 1974. Lawyers law legal news india, latest supreme court. Foreign exchange and prevention of smuggling activities act, 1974 hereinafter referred to as the cofeposa act. Ceib department of revenue ministry of finance goi. It provides a preventive detention of person, before engaging in smuggling activities. The city of bombay municipal supplementary act, 1888 the voluntary surrender of salaries exemption from taxation act, 1961 the uttar pradesh cantonments control of rent and eviction repeal act, 1971. Section 21 of general clauses act an officer who has passed the detention order can also revoke the said order. In kavita vs state of maharashtra air 1981 sc 1641, it was held that the task of referring the question of detention of a person to an advisory board under the cofeposa was a mechanical or ministerial act, involving no exercise of discretion, through the government had the full liberty to revoke the order of detention at the stage. The conservation of foreign exchange and prevention of smuggling activities act, 1974 act no. The detention order has not been served on the subject, i. Cofeposa act, section 10a of the cofeposa act provides for extension of period of detention in the situations 12 criminal appeal no.
Jammu and kashmir public safety act, 1978 wikimili, the. The act, conservation of foreign exchange and prevention of. A person can be detained under provisions of the act, on the. An act to provide for preventive detention in certain cases for the purposes of conservation and augmentation of foreign exchange and prevention of smuggling activities and for matters connected therewith. These questions were asked more than 10 times by kerala public service commission. Armed forces special powers act, 1958 afspa unlawful activities prevention amendment act, 1967 uapa, amended in 2004 and 2008. The detention orders and the grounds of detention were served on the detenues on 18. A brief exposition of facts leading to passing of detention order is that an information was received by the delhi zonal office of the directorate of enforcement of involvement of a syndicate headed by naresh kumar jain in. It was an economic adjunct to the controversial maintenance of internal security act misa which was enacted in 1971. Article 2 of the constitution of india, 1950 mandates that the state. State of punjab, the court allowed legal representation to the detainee through a lawyer even when section 11 of the prevention of black marketing and maintenance of supplies of essential commodities act, 1980, and sec 8e of cofeposa 1974 denied legal representation in express term, because state had been represented through a lawyer. The act also aims to control smuggling activities and other issues in relation to these activities. Some facts related to cofeposa, 1974 ca and cs hub.
December, 1974, as the central government may, by notification in the official. The petitioner in this case was detained under the conservation of foreign exchange and prevention of smuggling activities act, 1974 cofeposa on 3. Jammu and kashmir public safety act, 1978 wikipedia. Apart from nsa, parliament also enacted the conservation of foreign exchange and prevention of smuggling activities act 1974 cofeposa and the prevention of black marketing and maintenance of supplies of essential commodities act 1980 pbmseca, 14 all of which reflected realities of economic hardship or separatist challenges to the. Any person who has been detained under cofeposa act, 1974, before the filing of a declaration. A person, in whose case the prosecution has been instituted prior to the filing of a declaration under any of the specified acts. The jammu and kashmir public safety act, 1978 psa is a preventive detention law under which a person is taken into custody to prevent them from acting harmfully against the security of the state or the maintenance of the public order in the indian state of jammu and kashmir now a union territory. City 7 killed as fire breaks out in mumbai cofsposa refrain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks, name calling or inciting hatred against any community. In respect of person in whose case an order of detention has been made under cofeposa conservation of foreign exchange and prevention of smuggling activities act, 1974 before filing declaration and which has not been revoked under section 8, section 93 or section 12a3 of the said act or such order has not been set aside by order of court. The paper aims is to show how the rights violated through preventive detention and section 54 of cr pc, because it is mostly used for the violation of rights of an individual. Maintenance of internal security act misa in 1974 now repealed. Feb 25, 2019 conservation of foreign exchange and prevention of smuggling activities act, 1974.
The cofeposa act of 1974 and fera also provided for prevention. Kerala psc repeatedly asking questions download pdf meen. Manish gadodia vs union of india and anr citation 1184. Smugglers and foreign exchange racketeers are detained for a period of one year under the cofeposa act, 1974, with a view to prevent them from indulging in prejudicial activities in future. The information provided by this web site is available in various formats, such as portable document format pdf, word, and also in html format. Cofeposa act, a corollary of which was the smugglers and foreign ex change manipulators.
This act may be called the conservation of foreign exchange and prevention of smuggling activities act, 1974. The conservation of foreign exchange and prevention of smuggling activities act, 1974 long title. Cofeposa wing this wing deals with work relating to the cofeposa act. It exercises control in respect of matters relating to all the direct and indirect union taxes through two statutory boards namely, the central board of direct taxes cbdt and the central board of excise and customs cbec. For example, the pdf reader software is required to view the pdf format document. Gunasundari vs the joint secretary cofeposa on 27 august. Provided that i such order of detention, being an order to which the provisions of section 9 or section 12a of the said act do not apply, has not been revoked on the report of the advisory board under section 8 of the said act or before the. Foreign exchange is important for every country for payment of import of essential goods and services. A bond may be asked from the person being released.
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