LAXMAN T SAJNANI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of Constitution of India the petitioner Laxman T.Sajnani has challenged the legality and vires of his detention dated 10th June 1983 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). Shri Kapil Sibbal, learned counsel for the petitioner has contended that against the order of detention on 7th July 1983 the petitioner made a representation to the Government of Maharashtra and the said representation was considered and rejected after a long lelay of 82 days on 26th September 1983 and this circumstance alone vitiates the order of detention.

(2.) We find force in this contention.

(3.) The petitioner in Paragraph 20 of the petition alleged that he made a representation against the order of detention to respondent 2 No. the Maharashtra Government on 7th July 1983 and the respondent vide order dated 27th September 1983 rejected the representation; that the rejection of the representation after a long delay of 82 days violates the constitutional safeguards provided in Article 22(5) of the Constitution of India. The petitioner also alleged in the same paragraph that the representation dated 7th July 1983 was considered by the Government after the Advisory loard had given its opinion and that the detaining authority had failed to apply its own mind to the representation. -