Failure to serve detention order and grounds at arrest rendered preventive detention illegal under COFEPOSA

Detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act was found unsustainable because the detenu was taken into custody pursuant to the detention order without being served the order and grounds of detention at that time. The record showed the custody was directly referable to the impugned detention order, and the later service of the documents did not cure the initial failure to communicate them when arrest was made. On that basis, the detention was held illegal and the detention order could not be sustained.

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Issues: Whether the detention order was liable to be quashed because the detenu was arrested without being furnished with the detention order and grounds of detention when taken into custody.

Analysis: The detention was ordered under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The material showed that the detenu was taken into custody on the basis of the impugned detention order, but the order and grounds were not served on him at that time. The return did not dispute that the custody was directly referable to the detention order, and the later service of the order and grounds did not cure the initial failure to communicate them when the detenu was arrested.

Conclusion: The detention was illegal and the detention order could not be sustained.

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