Explain 'Execution of detention orders' and 'Revocation of detention orders' under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA, 1974).
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2022
Explain 'Execution of detention orders' and 'Revocation of detention orders' under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA, 1974).
Answer & Explanation:
Section 4 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA, 1974) stipulates that a detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973. Section 11(1) of COFEPOSA, 1974 states that without prejudice to the provisions of section 21 of the General Clauses Act, 1897, a detention order may, at any time, be revoked or modified- (a) notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government; (b) notwithstanding that the order has been made by an officer of the Central Government or by a State Government, by the Central Government. Further, section 11(2) of COFEPOSA, 1974 provides that the revocation of a detention order shall not bar the making of another detention order under section 3 against the same person.
Topics: Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA, 1974)
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