Answer with reasons, under COFEPOSA, 1974: (i) Can Maharashtra Government order detention of a person in Gujarat? (ii) A detention order has been issued against a person on several grounds. Some of these grounds have bee

(i) According to section 6 of the The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA, 1974), no detention order shall be invalid on inoperative merely by reason that the person detained there under is outside the limits of the territorial jurisdiction of the Government or officer making the order of detention. Therefore, the Maharashtra Government can order the detention of a person in Gujrat. (ii) According to section 5A of COFEPOSA, 1974, an order of detention made on several grounds will not become Invalid or inoperative merely because one or more of these grounds but not all have been rendered to be irrelevant. Therefore, in the instant case the detention order shall continue to be valid even though some of these grounds have been rendered invalid by virtue of having been proved non-existent. (iii) According to section 5(b) of COFEPOSA, 1974, every person in respect of whom a detention order has been mode shall be liable to be removed from one place of detention in a state to any other state, provided that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State. Therefore, the detained person can be shifted from Mumbai to Ahmedabad, subject to the permission from the appropriate Government. (iv) In terms of Sec 5(a) of COFEPOSA, 1974, w.r.t. a person detained under the Act, the appropriate Government may, by general or special order, impose such restrictions on the detained person, as to maintenance, interviews or communicating with others. Therefore, any restriction may be imposed on a detained person with respect to communication with others.