HARWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) . The appeal is against an order dismissing the writ petition of the appellant (referred as the petitioner hereinafter) seeking his release from detention.

(2.) . The petitioner was detained by virtue of an order dated 23/4/1993 made under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinaftercalled the Act). It was alleged against the petitioner that on 8/1/1993 he was carrying two pieces of pure gold weighing in all 2913.500 gms.valuedatRs.11,53,746.00 . Petitioner had arrived at the Indira Gandhi International Airport, New Delhi from Dubai by a flight. He was detained on the date of the impugned order. According to him he sent two representations on 28/4/1993, one addressed to the Detaining Authority (the Govt. of the National <PG>537</PG> Capital Territory of Delhi), and another to the 1st respondent. He had also sent another representation on 13/5/1993. On 19/5/1993, the petitioner filed the writ petition challenging the detention order and it was admitted on 21/5/1993.

(3.) . Petitioner urged several contentions, all of which were rejected by the learned Single Judge. As we are of the view that the petitioner is entitled to be released from detention, in view of the unexplained delay in considering his representation, it is unnecessary to refer to the other contentions.