The said order was served upon detenu on 15th February, 2000 along with grounds of detention and companyies of the documents relied upon by the Detaining Authority.
As a result of the search, Indian currency of about Rs.42,90,000/ forty two lakhs and ninety thousand was seized.
That order is challenged by filing this appeal In the detention order, it has been stated that upon receipt of information that B. Sankar was indulging in receiving and making payments in India on behalf of a resident of Riyadh Saudi Arabia , a search was companyducted at detenus residential premises and also at his office premises on 22nd and 23rd September, 1999.
To that proposal, detenu agreed and various transactions took place in pursuance of the aforesaid talks.
By the impugned judgment and order dated 2nd November, 2000, the High Court quashed and set aside the detention order on the ground that what was companysidered to be criminal violation of the Foreign Exchange Regulation Act, 1973 hereinafter referred to as FERA has ceased to be so on the repeal of FERA which is replaced by the Foreign Exchange Management Act, 1999 hereinafter referred to as FEMA .
Various documents were also seized from his office premises.
In his statement recorded by the officers, detenu stated that during the first week of June, 1999 one Rafeeq, who was his friend, met him in his office and informed that he was doing business of companylecting Saudi Riyals from Indians in Saudi Arabia and in equivalent thereof he was making arrangements for delivery of Indian rupees to various persons in India that if he assists him in this business and receives Indian rupees as per his instructions and distributes the respective amounts to various persons as per his instructions, he would pay a companymission of Rs.200/ for every one lakh of rupees received and distributed by him.
That order was challenged by filing Writ Petition HC No.41 of 2000 before the High Court of Karnataka at Bangalore.
Shah, J. Leave granted.
By order dated 8th February 2000, the Joint Secretary, Ministry of Finance, Department of Revenue, Government of India made a detention order under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as COFEPOSA Act directing that one B. Sankar be detained and kept in custody with a view to prevent him from acting in any manner prejudicial to the augmentation of foreign exchange.
