T SASIDHARAN PILLAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Sasidharan Pillai, petitioner, has filed this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying for the issuance of a writ of Habeas Corpus or any other appropriate writ, order or direction for quashing the order dated 7th November, 1989 passed by the respondent under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as the Act).

(2.) In exercise of powers under Sec. 3 (1) of the Act respondent No. 1 Passed an order of detention of the petitioner with a view to preventing him from indulging in activities prejudicial to the augmentation of country's foreign exchange resources. This order could be served on the petitioner on 24th November, 1989 when he was sent to jail and on the same day the grounds of detention along with the list of documents were served on him. This order of detention was confirmed by respondent No. 1 on 12th February, 1990 after receiving the report of the Advisory Board and considering the materials on record.

(3.) Learned counsel for the petitioner has submitted that there has been an inordinate delay in considering the representation made by the petitioner as a result of which his right under Article 22(5) of the Constitution has been violated on account of which the order of detention is liable to be quashed and consequently the petitioner is entitled to be released.