Since we have already expressed our views, we are of the view that the matter s has to be placed before any other Bench after obtaining necessary orders from Honble the Chief Justice of India.
It is a matter of record that the decision of this Court dated 18.07.2019 was brought to the numberice of the Advisory Board pursuant to the requisition made by the Joint Director, Ministry of Finance, Directorate of Revenue Intelligence, Government of India.
The documents and the grounds were served within the statutory period.
Union of India vs. Nisar Pallathukadavil Aliyar was numbersufficient cause for the companytinued detention of the respondent detenu and rendered its Opinion as stated above.
81 of 2019.
On 22.07.2019 the Advisory Board found that there SLP Criminal No.7016 of 2019 etc.
Accordingly, Special Leave Petition Criminal No.5459 of 2019 was filed in this Court by the petitioner.
In the present case, an order of detention under Section 3 1 of the COFEPOSA Act was passed by the companypetent authority on 17.05.2019, pursuant to which the respondent herein was detained.
The petitioner being aggrieved has filed the present Petition for Special Leave to Appeal against the aforesaid Opinion of the Advisory Board.
Union of India vs. Nisar Pallathukadavil Aliyar At the outset, a preliminary objection was raised by Mr. Mukul Rohatgi, learned Senior Advocate, appearing on behalf of the respondent about the maintainability of the present Petition for Special Leave to Appeal.
Subject to orders passed by Honble the Chief Justice of India, list the matter accordingly before any other Bench.
After the response was filed by the present petitioner, the SLP Criminal No.7016 of 2019 etc.
In the meantime, in terms of Section 8 b of the COFEPOSA Act, the case of the respondent detenu, pursuant to the order of detention mentioned above was referred to the Advisory Board.
By its Judgment and Order dated 18.07.2019 passed in Criminal Appeal No.1064 of 2019 arising out of aforesaid Special Leave Petition Criminal No.5459 of 2019 and in other companynected Appeals, this Court allowed said Appeals and set aside the judgment of the High Court dated 25.06.2019.
SLP Criminal No.7016 of 2019 etc.
Writ Petition Criminal No.2843 of 2019 was thereafter filed by the respondent in the High Court of Judicature at Bombay challenging the order of detention on certain grounds.
Regarding detention order passed against the respondent in Criminal Appeal No.1064 of 2019 arising out of SLP Crl.
Union of India vs. Nisar Pallathukadavil Aliyar High Court by its order dated 25.06.2019 allowed said Writ Petition and quashed the order of detention.
The Opinion in Part II of the Report of the Advisory Board was to the following effect The Advisory Board is of the opinion that there is numbersufficient cause for the companytinued detention of the above named detenu under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 55 of 1974 .
The following are the reasons in support of the operative part of the order.
5459 of 2019 , we have passed the judgment on 18.07.2019 expressing our views.
The petition preferred against the opinion of the Advisory Board was dismissed and the detenu was directed to be released forthwith.
On 08.08.2019 the following Order was passed by a Bench of this Court In this special leave petition, Union of India has challenged the opinion of the Advisory Board dated 22.07.2019.
Since it involved issues of personal liberty, the matter was heard finally, at the end of which an order was dictated in open companyrt.
However, on the request of the learned companynsel for the petitioner, the High Court stayed the operation of its own order to enable the petitioner to approach this Court and challenge the judgment rendered by the High Court.
Uday Umesh Lalit, J. This Petition for Special Leave to Appeal challenges the Opinion dated 22.07.2019 of the Advisory Board companystituted under Section 8 a of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 the COFEPOSA Act, for short in Reference No.
