GAFFAR ABDULLAH MOHAMMED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who himself is the detenu has challenged the validity of the detention order dated 13th of April, 1988 passed under Section 3(1) read with Section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 passed by the Administrator, Union Territory of Delhi. The detention order followed an incident dated 21st of December, 1987 when the petitioner, an Indian passport holder, arrived from Sharjah by Syrian Arab Airlines Flight No. RB-501. While checking in post the red channel he declared certain dutiable items but thereafter he was found carrying gold in some locks, bolts and kundas weighing 2096 grams valued at Rs. 6,91,680/-. The detenu could not explain the possession and he was found to be smuggling gold. The detention order was served on the detenu on 14th of April, 1988 while he was confined in the jail. There is a declaration under Section 9(1) of the aforesaid Act passed on 9th of May, 1988 as well.

(2.) THE main and principal contention of Mr. Rohit Kochhar is that there has been a long and unexplained delay in the consideration of his representation both by the detaining authority as well as the Central Government and that vitiates the order of detention as it has resulted in the infringement of his right under Article 22(5) of the Constitution of India.

(3.) NEXT Mr. Kichhar has urged that even the detaining authority has failed to consider his representation with expedition and promptitude as required by law. The detenu made a representation to the detaining authority on 10th of June, 1988 and on 28th of July, 1988, he received a memorandum dated 27th July, 1988 to the effect that his representation was considered by the detaining authority and was rejected.