JUDGMENT

D.P. Mohapatra, J.-Leave is granted

2. This appeal, filed by special leave, by Gurdev Singh father of the detenu Swarn Singh Sandhu, is directed against the judgment and order dated 1.12.2000 of the Delhi High Court in Criminal Writ Petition No. 352 of 2000, Gurdev Singh vs. Union of India & Ors., dismissing the writ petition.

3. At the commencement of hearing of the case Shri V.A. Mohta, learned senior counsel appearing for the appellant submitted that though the detenu has already undergone the period of detention this Court may decide the legality and validity of the Detention Order since the appellant apprehends that certain further actions may be taken on the basis of the order of detention which has spent its force by efflux of time.

4. In pursuance of the detention order passed by the Joint Secretary to the Govt. of India in the Ministry of Finance (Department of Revenue) on 2nd March, 2000 in exercise of the power under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 as amended, (hereinafter referred to as the COFEPOSA Act ); Swarn Singh Sandhu was detained and kept in custody in Central Prison, Nasik. In compli