GANESH SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) In exercise of the powers conferred u/s 3 (1) of the Conservation of Foreign Exchange, and Prevention of Smuggling 'Activities Act, 1974, (in short, COFEPOSA Act) the Joint Secretary ,to the Government of India, Ministry of Finance, Department of Revenue, vide orders dated 4.10.89, directed the detention of the petitioner with a view to preventing him from smuggling goods. Pursuant to the said order, the petitioner was detained on 7.10.89. The order of declaration u/s 9 (1) of the Act was made by the Addl. Secretary to the Government of India on 19.10.89. The said order was confirmed by the Central Government in exercise of the powers u/s 8 (f) read with Section 9 (2) of the aforesaid Act, for a period of 2 years from the date of detention of the petitioner i.e. from 7.10.89.

(2.) By way this writ petition, the petitioner has challenged the order of his detention dated 4.10.89 and that of continued detention dated 19.10.89 on various grounds but at the time of hearing arguments, learned counsel for the petitioner has confined his submissions to only one of them, namely, that the declaring authority issuing the declaration u/s 9 (1) of the COFEPOSA Act has not informed the detenu that he has a right to make representation against the said declaration also. The petitioner being an illiterate and uneducated person, was not aware of his constitutional right of making such a representation.

(3.) The case of the respondent is that the petitioner even though was not informed of his right to make the representation against the order of declaration, has in fact filed his representation on 23.11.89 for not only quashing the order of his detention u/s 3 (1) but also against the orders of his continued detention u/s 9 (1) of the COFEPOSA Act. The petitioner has thus availed of his right to make the representation against the declaration also.