OM PARKASH SRI CHAND KUKREJA Vs. STATE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. the petitioner challenges the validity of the, detention order dated 31.8.1990, passed by the Administrator, Union Territory of Delhi, under Section 3(1) read with Section 2(f) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as COFEPOSA) with a view to preventing him from smuggling goods and also preventing him from engaging in transporting, concealing and receiving smuggled goods.

(2.) Pursuant to the aforesaid detention order the petitioner was detained and Kept in custody in the Central Jail Tihar on 17-9-1990.

(3.) On 6th October, 1990, while the petitioner was in detention, his advocate Shri Shirish Gupta wrote a letter to the Supdt. Jail enclosing therewith five copies of representation addressed to the Advisory Board, two copies for Central Government and the Administrator Delhi Administration. That letter was received by the Supdt. Jail on 11th October, 1990. The Supdt. Jail was requested by the aforesaid letter that the representation be forwarded to the concerned authorities after obtaining the signature of the detenu thereon.