M.B.SHAH, D.M.DHARMADHIKARI
Union Of India – Appellant
Versus
Venkateshan S – Respondent
JUDGMENT
Shah, J.-Leave granted.
2. 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. The said order was served upon detenu on 15th February, 2000 along with grounds of detention and copies of the documents relied upon by the Detaining Authority. That order was challenged by filing Writ Petition (HC) No. 41 of 2000 before the High Court of Karnataka at Bangalore. 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 considered 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"). That order is challe
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