Summary
The Court dismissed as not maintainable the Union’s special-leave petitions against COFEPOSA Advisory Board opinions finding no sufficient cause for detention. The Board’s function was advisory rather than judicial or quasi-judicial, and its opinion was not appealable as a tribunal’s determination. An opinion favouring release bound the Government under section 8(f). Release had been directed, and the connected detention-challenge writ petitions required no separate orders.
Issues
- Whether the Union could challenge a COFEPOSA Advisory Board’s opinion through special leave under Article 136.
- Effect of a Board opinion finding no sufficient cause for detention.
Provisions considered
- Section 8(b)–(f), Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974The Board’s confidential assessment and non-confidential opinion performed an advisory function. An opinion of no sufficient cause required revocation and immediate release, leaving the Government no discretion to continue detention. (¶¶ 8–10, 15, 19–23)
Held
- The Board’s opinion was neither a judicial nor a quasi-judicial determination. Precedent treated its assessment as advisory and unavailable for a merits challenge before judicial courts or tribunals; authorities concerning adjudicatory tribunals in other fields did not apply. (¶ 11–19)
- If the Board found sufficient cause, the Government could choose whether to confirm detention. If it found no sufficient cause, section 8(f) required revocation and release forthwith. (¶ 9–10)
- Both Union special-leave petitions challenging the opinions were not maintainable. In view of the opinions and dismissal of those petitions, the detenus’ connected writ petitions seeking to quash detention needed no separate orders. (¶¶ 5, 19–23)
Result
Union’s SLPs (Criminal) 7016 and 7021 of 2019 dismissed as not maintainable; release followed the favourable Advisory Board opinions, with immediate release directed in the operative order. Connected writ petitions 220 and 210 of 2019 disposed of without separate orders.