About The COFEPOSA Act

Context:

The Madras High Court recently quashed a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) Act, 1974 against a practising lawyer, ordering his release.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. About the COFEPOSA Act
2. Advisory Boards under Preventive Detention Laws
3. Other Preventive Detention Laws in India

About the COFEPOSA Act:

• The COFEPOSA Act was passed by the Parliament on December 13, 1974, with the following objectives:
• To enable preventive detention in specific cases related to the conservation and augmentation of foreign exchange.
• To prevent smuggling activities and associated matters.
• Power to Make Detention Orders:
• The Central Government, State Government, or designated authorities such as a joint secretary of the central government and secretary of a state government can issue detention orders for individuals (including foreigners) in cases of:
  • Smuggling.
  • Assisting in smuggling.
  • Transporting, concealing, or storing smuggled goods.
  • Providing shelter to individuals involved in smuggling.
  • Dealing in smuggled goods.
• Any detention order issued by the State government must be sent to the Central government within 10 days.

Grounds for Detention:

• The reasons for detention must be communicated to the detained individual within 5 days. A delay of up to 15 days is permissible if provided in writing.
• The detaining authority must satisfy both the courts and the detainee that the detention was carried out in accordance with the law and after due consideration.

Review by High Courts:

• High Courts have the authority to examine detention orders before their execution.
• Detention orders cannot be challenged at the pre-execution stage on grounds of delay in execution.

Execution Nationwide:

• Detention orders can be executed anywhere in India, similar to arrest warrants under the Code of Criminal Procedure, 1973.

Advisory Boards under Preventive Detention Laws:

• The government is required to refer cases of preventive detention to an Advisory Board within five weeks of the date of detention.
• The Advisory Board is responsible for reviewing the detention and must provide its report within 11 weeks of receiving the detention order.
• If the Advisory Board is satisfied with the grounds for detention, the detention period can be extended up to one year.
• However, if the Advisory Board believes there is insufficient cause for detention, the order is revoked, and the person is released.

Other Preventive Detention Laws in India:

Apart from the COFEPOSA Act, India has several other preventive detention laws designed to address various aspects of national security, illegal activities, and public order. Some of these laws include:

• National Security Act (NSA), 1980
• Unlawful Activities (Prevention) Act (UAPA) of 1967
• Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988
• Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980
• Maintenance of Internal Security Act (MISA)

-Source: The Indian Express