Chagolia checkgate through which a lot of smuggling allegedly takes place. Telegraph picture

Dhubri, Aug. 25: An act that broke the backbone of the country’s mafia raj in the early seventies has been promulgated again in Assam following a rise in incidents of transborder smuggling, including that of cattle and money laundering along the India-Bangladesh border.

The promulgation of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, (Cofeposa), aimed at preventive detention in certain cases for conservation and augmentation of foreign exchange and prevention of smuggling activities, has been stated in a letter issued by the principal secretary to the government of Assam, Subhas Chandra Das, on August 9 this year.

“In pursuance of the provision of section 3 of the Cofeposa Act, 1974, Governor of Assam is pleased to empower with immediate effect the Commissioner and Secretary to the Government of Assam, Home and Political department, Dispur, Guwahati to take action under the relevant section of the Act to detain any person if he is otherwise satisfied based on the report of the Deputy commissioner/superintendent of police or any other authority of the district,” the letter states.

According to a source in Dispur, it has become difficult to check growing transborder smuggling, including illegal cattle transportation and money laundering, in the border districts of Assam.

The Cofeposa Act, 1974, empowers the commissioner and secretary to detain any person for a period of three months to one year which could be extended to over four years given the nature of crime committed by the person, a source said.

The act enjoys immunity from habeas corpus. When Cofeposa is not in force, one can file a habeas corpus petition in the high court and prevent even arrest.

“The promulgation of this Cofeposa Act, 1974, had become an urgent need and after much consideration, the act was placed before the Governor of Assam for his approval and gazette notification,” the official source said.

The letter was issued to commissioners and secretaries of 15 departments, including those of food and civil supplies, finance (taxation), animal husbandry and veterinary, municipal administration and border area.

Memories of the crackdown are still afresh in the minds of many a transborder smuggler arrested under this act in 1974 and 1975 from Dhubri district (formerly Goalpara district).

A resident of Dhubri town earlier convicted under Cofeposa said he was arrested as Bangladeshi currency and gold were recovered from his house.

“I do not want to recollect those horrible days in jail but after my release, I had left the illegal business and am leading an honest life,” he said.