(1.) The petitioner has challenged the validity of the detention order dated 5th of February, 1988 passed under Section 3(1) read with Section 2(f) of the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974. This was done with a view to preventing the detenu from smuggling goods.
(2.) . The petitioner was working as a stewardess in British Airways and on 2nd of November, 1987 she was scheduled to fly on board the British. Airways flight BA 019 from New Delhi to Hongkong as a member of .the Crew. She presented herself for clearance by the customs officials and on being questioned she made a declaration as to what she was carrying with her. However, on search of her baggage she was found carrying Indian currency totalling Rs. 7,59,000, Pounds Sterling 135, Hongkong Doller 300, U.A.E. Dirhams 25, Bangladesh Taka 5 and Kuwaiti Dinar 1/4. She failed to produce any evidence or permission for carrying these currencies about which- she did not make any declaration to the customs authorities. In this matter,. a Section 9(1) declaration was passed on 24th of March, 1988.
(3.) . The primary contention of Mr. Arora is that there is an unexplained delay in the consideration of her representation dated 28th of March, 1988 which she made to the Central Government and which was rejected on 22nd of April, 1988 and communicated to the detenu on 26th of April, 1988. The petitioner has raised a specific plea in this regard in ground No. 9 of his petition. In the counter affidavit submitted on behalf of the Union of India and supposed to be based on the knowledge derived from the official records it is stated that on 28th of March 1988 when this representation was received it was forwarded to the Directorate of Revenue Intelligenc for comments which were received on 11th of April 1988 and were forwards by the Joint Secretary to the Minister of State for Revenue on 12th of April 1988 and the Minister of State for Revenue with his comments submitted the papers to the Hon'ble Finance Minister who considerd the representation and rejected the same on 21st of April; 1988. it is further stated that the file was received back on 22nd April, 1988 and the memo thereof was issued.