YASIN BAHLIM Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged his detention in pursuance of an order dated 30th of January, 1990 made by the Administrator of the Union Territory of Delhi under Section 3(1) read with Section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) with a view to preventing him from smuggling goods and also preventing him from engaging in transporting, concealing and keeping smuggled goods. It is prayed, inter alia, that a writ of habeas corpus be issued directing the respondents to set the petitioner at liberty forthwith.

(2.) In pursuance of the detention order, the petitioner was detained on 28th of April, 1990. The grounds of detention and the documents relied upon were served on him. On 6th of June 1990, he made a representation to the Central Government demanding certain documents and requesting for revocation of the order of his detention. On 27th of June, 1990, he was informed of the rejection of his representation by a memo dated 22th of June, 1990.

(3.) Counsel for the petitioner has urged only one ground, namely, that the petitioner's detention is vitiated because of unexplained and inordinate delay In disposal of his representation. This ground was pleaded in para No. XVI of the petition.