The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) is an Indian law aimed at combating illegal smuggling activities and conserving foreign exchange. Under this act, preventive detention can be employed as a measure to detain individuals suspected of involvement in smuggling and related offenses. Here's an overview of the preventive detention procedure under COFEPOSA :

 

1. Grounds for Detention :The government can order preventive detention if it is satisfied that a person is engaged in activities such as smuggling goods, materials, or foreign currency that pose a threat to national security or economic stability.
2. Competent Authorities : The power to issue detention orders under COFEPOSA lies with the Central Government or State Governments authorized by the act.
3. Period of Detention : The initial period of preventive detention under COFEPOSA can extend up to six months from the date of detention.
4. Advisory Board : Within five weeks of detention, an Advisory Board is constituted to review the case. This Board comprises a Chairperson and two members, all of whom are or have been High Court Judges. The Advisory Board examines the grounds of detention and submits its report to the government.
5. Preventive Detention Procedure :
   - The competent authority issues a detention order based on the grounds specified in COFEPOSA.
   - The detained person must be promptly informed of the grounds of detention.
   - The detained individual has the right to make a representation against the detention, which is considered by the Advisory Board.
   - The Advisory Board reviews the case and submits its report, which assists the government in deciding whether to continue or revoke the detention order.
6. Judicial Review : Any person detained under COFEPOSA can challenge the detention order by filing a habeas corpus petition before the appropriate High Court. The High Court examines the legality of the detention and can order the release of the detained person if the detention is found to be unlawful or not in accordance with the provisions of the COFEPOSA Act.

In summary, the COFEPOSA Act establishes a framework for preventive detention aimed at curbing smuggling activities and conserving foreign exchange. The procedure involves specified grounds for detention, competent authorities empowered to issue detention orders, the establishment of an Advisory Board for review, and provisions for judicial review to safeguard individual rights and ensure due process.