M L JOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is preferred by Mr M. L. Jose, the detenu herein, challenging the validity of the order of detention passed by respondent 2 (State of Kerala) in exercise of powers conferred by S. 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'act') "with a view to preventing the detenu from smuggling goods".

(2.) The facts of the case which necessitated the detaining authority to pass this impugned order of detention are well set out in the grounds of detention and hence we do not intend to proliferate the same.

(3.) The learned counsel appearing for the detenu assails the validity and legality of the detention order on three grounds, namely, (i) that there has been a considerable delay in considering the representation of the detenu by the central government; (ii) that certain vital and material documents which might have influenced the mind of the detaining authority one way or other in drawing the requisite subjective satisfaction to take the decision of directing the detention of the detenu, were withheld by the sponsoring authority and (iii) that there has been unexplained delay in passing the impugned order from the date of the alleged prejudicial activities of the detenu in question, namely from 24/05/1990.