JUDGMENT

R.M. Lodha, J.

The central issue in this petition under Article 32 of the Constitution concerns constitutional validity of Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, ‘COFEPOSA’) to the extent it empowers the competent authority to make an order of detention against any person ‘with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange’.

2. It is necessary to state few material facts which have given rise to this petition. The first petitioner – Dropti Devi – is the mother of second petitioner – Raj Kumar Aggarwal. In respect of second petitioner an order of detention has been passed on September 23, 2009 by Smt. Rasheda Hussain, Joint Secretary to the Government of India, specially empowered under Section 3(1) of the COFEPOSA (as amended). The said order reads as follows :

“No. 673/02/2009-Cus. VIII

Government of India

Ministry of Finance

Department of Revenue

Central Economic Intelligence Bureau

COFEPOSA Unit

6th Floor, ‘B’ Wing, Janpath Bhawan,

Janpath, New Delhi – 110001

Dated 23rd September, 2009

ORDER

Whereas, I Smt. Rasheda Hussain, Joint Secretar