Parole excluded from preventive detention limit under COFEPOSA for section 10 computation, as only actual custody counts

Under section 10 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, only the period of actual custody under the detention order counts towards the maximum detention term. Parole interrupts actual custody, so time spent on parole is excluded from the one-year computation. The scheme also treats temporary release as a matter for the appropriate Government rather than direct judicial enlargement of detention time on equitable grounds. On that basis, the challenge to the detention order failed and the remaining detention period remained operative.

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Issues: Whether the period during which a detenu is released on parole is to be counted towards the maximum period of detention under section 10 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

Analysis: The maximum period prescribed by section 10 is the period for which a person may be detained in actual custody pursuant to the detention order. Parole interrupts actual custody and the detenu is not in confinement during that period. Preventive detention is distinct from punishment, and the Court has no power to alter the duration of detention by adding or excluding time on equitable considerations. The statutory scheme, including section 12(6), contemplates temporary release only through the appropriate Government and not by direct judicial grant on parole. The period of parole therefore does not count as part of the detention period for computing the one-year limit.

Conclusion: The period spent on parole is excluded in computing the maximum period of detention, and the challenge to the detention order on that basis fails.

Final Conclusion: The detention order remained operative, the writ petition failed, and the detenu was required to surrender and undergo the remaining period of detention.

Ratio Decidendi: For purposes of section 10 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, only the periods of actual custody under the detention order are counted, and parole interrupts the running of the detention period.

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