Advocate, High Court of Delhi
Article 13 (2) of the Constitution of India, 1950 mandates that the State shall not make any law which takes away or abridges the rights conferred by Part III of the Constitution of India, 1950 and any law made in contravention of this provision shall be void to the extent of the contravention. Article 31-B of the Constitution of India, 1950 saves challenge to the Acts and Regulations specified in the Ninth Schedule on the ground of inconsistency with, taking away or abridging any fundamental right. The COFEPOSA Act came into force on: 13.12.1974, and is specified in the Ninth Schedule at Item No. 104. The amendment in the COFEPOSA Act by the Central Act 20 of 1976 is specified at Item No. 129 in the Ninth Schedule . According to Section 2 (39) of the Customs Act, 1962, “smuggling”, in relation to any goods, means any act or omission, which will render such goods liable to confiscation under Section 111 or Section 113 of the Customs Act, 1962. Article 22 of the Constitution of India, 1950 is in two parts. The first part that comprises of Clauses (1) and (2) is applicable to those persons arrested or detained under a law otherwise than a preventive detention law. The second part that comprises of Clauses (4) to (7) applies to persons arrested or detained under the preventive detention law.
Keywords: Indian Constitution, Customs Act, COFEPOSA, Fundamental rights