UNION OF INDIA Vs. HARISH KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by way of special leave petition is directed against the judgment dated 4.5.2005 of the Delhi High Court in Writ Petition (Crl.) No. 1362 of 2002. The appellants are the Union of India and the detaining authority. The Joint Secretary, Government of India issued the order of detention u/s. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act") on 14.6.2002. The said order of detention was served upon the sole respondent on 5.9.2002. The grounds of detention were set out in the backdrop of the detailed factual matrix which were made available to the detaining authority about various alleged omissions, mis-declaration and concealment etc. which according to the detaining authority amounted to smuggling of goods within the meaning of the provisions of the COFEPOSA Act. We are not required to notice the details of the grounds of detention for the purposes of disposal of this appeal.

(3.) The respondent through his brother filed the writ petition in Delhi High Court on 21.11.2002 assailing the legality of the order of detention on various grounds. The only ground on which the writ petition was pressed and disposed of relates to non-consideration of the representation dated 01.10.2002 submitted to the Central Government by the detenu. It was contended that non-consideration of the said representation vitiated the order of detention being violative of the protection granted under Art. 22 (5) of the Constitution of India. The High Court, by the impugned judgment, allowed the writ petition holding that there has been a failure on the part of the Central Government in considering the representation of the detenu. The order of the High Court, however, is not clear and it may be useful to notice the operative portion thereof which reads as under :