JASJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this criminal writ petition brought under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal ocedure, the petitioner has prayed for quashing of the detention order dated February 5, 1988, passed by respondent No. 2 under Conservation of Foreign Exchange and Prevention! of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') it is not necessary to refer to all the grounds pleaded in this writ petition because this petition is liable to be allowed on a very short question.

(2.) In the grounds challenging the detention order, particularly grounds H & I, it was pleaded by the petitioner that his representations dated February 24, 1988, sent to respondents No. 1 & 2 were not promptly dealt with inasmuch as the representation, which was addressed to the Central Government, was not even placed before the detaining authority with any promptitude and the consideration of the said representation was delayed and on that score alone the detention order is liable to be quashed. In ' ground 'J' it was pleaded that representation dated April 22, 1988, made by the petitioner against declaration made under Section 9(1) of the COFEPOSA Act was also not dealt with and considered expeditiously by respondent No. 2.

(3.) It is not disputed now before me that the representation, which was made against the detention order to respondent No. 1, was promptly considered and was rejected. The only contention raised before me by the learned counsel for the petitioner is that the representation, which was made to the Central Government, was not placed before the concerned competent authority with promptitude and was also not considered expeditiously.