SABU THOMAS Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India, the petitioner has challenged his detention by the impugned order dated 7th of February, 1990 passed by the Government of Kerala with a view to preventing him from smuggling goods, abetting the smuggling of goods, and dealing in smuggled goods, under sub-sec. (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act).

(2.) The facts relevant for decision of this case fall in a narrow compass. In pursuance of the impugned order, the petitioner was arrested on 21st of February, 1990. On 28th of February, 1990, he sent identical representations to the Detaining Authority and also to the Central Government. The former, by a communication dated 24th of March 1990, supplied some of the demanded documents to the petitioner. The latter rejected it by a memorandum dated 29th of March, 1990. After the Advisory Board submitted its report, on 17th of April, 1990 the Detaining Authority passed an order confirming the petitioner's detention. The present petition was filed in this Court on 24th of May, 1990. A number of grounds were taken to challenge the detention order and the continued detention of petitioner. It is unnecessary to refer to them here as the petitioner has presented only one of the grounds raised later, by a miscellaneous application registered as Crl. M. 289/90, on the basis of certain subsequent developments.

(3.) After disposal of the first set of representations, the petitioner made another representation dated 22nd of June, 1990 to the Detaining Authority, inter alia, asking for supply of some more documents. Those were not supplied. So, the petitioner made a second representation dated 18th of August, 1990 to the Central Government to revoke the impugned detention order. The ensuing discussion is about this representation (hereinafter referred to as the second representation).