LAWS(DLH)-2005-5-94

HARISH KUMAR Vs. UNION OF INDIA

Decided On May 04, 2005
HARISH KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner Harish Kumar, detenue under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974, (hereinafter referred to as the COFEPOSA) had filed the present petition through his brother Shri Satish Kumar Mahant, challenging the detention order No.673/26/2002-CUS/VIII dated 14.6.2002, passed by the Joint Secretary, Government of India, under Section 3(1) of COFEPOSA. The said order was served on 5.9.2002. Petitioner Harish Kumar is an IPS officer of 1977 batch. At the relevant time he was holding the post of Director, National Crime Record Bureau (NCRB).

(2.) For the purpose of disposal of the present writ petition, it is not necessary to go into the allegations of involvement of the petitioner in the offending activities or the grounds for detention. It is also not necessary to go into the petitioner's role in the company in question where his father and wife were directors or on other grounds like non supply of legible copies of documents etc. contained in the writ petition.

(3.) Mr.Salman Khurshid, Senior Advocate has urged only the ground regarding non consideration of the representation dated 1.10.2002 by the Central Government. This he submits vitiates the detention order being violative of the protection granted under Article 22(5) of the Constitution of India. The petitioner, it appears, made representation dated 23.9.2002, which was duly considered by the Detaining Authority as also by SS, DGCB on behalf of the Central Government and response was sent to the detenue.