ASHQUEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking quashment of the detention order dated November 4, 1989 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 and declaration issued under Section 9(1) of the Act dated June 8, 1989.

(2.) The learned counsel for the petitioner has contented that petitioner had made a representation to the Advisory Board and till date the said representation has not been considered by the Central Government and thus the continued detention of the petitioner has become bad. He has argued that no communication has been received by the detenu regarding a decision made by the Central Government on the said representation of the detenu.

(3.) In the counter affidavit filed by Shri A.S. Dagar, Deputy Secretary (Home) Delhi Administration it has been mentioned that the said representation given to the Advisory Board by the detenu was duly considered alongwith the opinion of the Advisory Board by the Central Government and thereafter the Central Government had confirmed the order of detention of the petitioner for a period of one year and the order of confirmation was duly conveyed to the detenu and thus there was no need to convey any separate decision of the Central Government with regard to the aforesaid representation given by the detenu to the Advisory Board.