GURMEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition prayer has been made for quashing the order dated 7.12.89 passed u/S.9(l), COFEPOSA Act, 1974 (the Act) by the Additional Sccy. to the Govt. of India with a view to preventing him from smuggling goods and from engaging in transporting or concealing or keeping smuggled goods.

(2.) Detention order dated 23.1189 was passed against the petitioner by the Administrator of Delhi in respect of an incident dt. 18.6.89. The petitioner was detained on 25.11.89 and the impugned declaration order was passed on 7.12.89.

(3.) Learned counsel for the petitioner has restricted his argument to one point only. He has submitted that the petitioner was not informed about his right of making a representation against the order of declaration either in the declaration itself or subsequently on account of which he has been deprived of his statutory right of making a representation. It has further been submitted that interim representation dt. 5.3.90 was sect by him addressed to Shri A.C. Saldanha, Additional Secy. as also the Secy. to the Govt. of India, Min. of Fin. Deptt. of Revenue stating therein that "Detenu is advised to submit that he has belatedly discovered that he had a right of representation against his continued detention as a result of declaration u/S. 9(1) of the Act about which he ought to have been appraised in the declaration or by way of a separate communication contemproreously with the declaration so that he could exercise his right u/Art. 22(5) of the Constitution expeditiously in time". It is also submitted that the petitioner wanted confirmation from the Govt. about his right of making such a representation and prior to that no representation has been made by the petitioner. This representation has admittedly been rejected by the respondent on 12 3.90