SOLOMON CASTRO Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) In the present case it is an admitted fact that by order dated 1/03/1999 the appellant was detained under the COFEPOSA Act, 1974. He submitted a representation dated 20/03/1999 through the Superintendent, central Prison, Trivandrum. That representation was received by the Detaining Authority on 22/03/1999. It is submitted that on 23/03/1999 the Detaining Authority called for the remarks of the Sponsoring Authority. It is further stated that remarks of the Sponsoring Authority were received by the Detaining Authority on 9/04/1999. Subsequently, on 23/04/1999 Detaining Authority prepared a reply rejecting the representation. That reply was kept by some officers on their file and it was intimated only on 28/04/1999.