K RAVIRIDRANATHAN 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 1st of March 1990 made by the Government of Kerala in the exercise of powers conferred upon it by Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from abetting the smuggling of goods. It is prayed, inter alia, that a writ of habeas corpus be issued directing the respondents to release the petitioner and set him at liberty forthwith.

(2.) The petitioner was taken into detention on 24th of March 1990. On 16th of April 1990, he made a representation addressed to the Chairman of the Advisory Board and forwarded copies thereof to the Central Government (Respondent No.1) as well as to the detaining authority (Respondent No.2).

(3.) The grievance of the petitioner is that the detaining authority has not considered his representation. As such it is unnecessary to refer to other grounds taken in the petition. This plea is taken in paragraph 22 of the petition in the following terms: - It is submitted that the Petitioner had sent a representation on 16-4-1990 addressed to the COFEPOSA Advisory Board through the Superintendent Central Prison, Trivandrum and endorsed copies of the said representation to the State Government and the Central Government. The Central Government has considered the representation and rejected it on 2-S-1990.However the State Government has not yet considered and disposed of the representation of the Petitioner dated 16-4-1990