RAJINDER PD KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this WP, Rajinder Pd. Khanna challenges the detention order passed u/s 3 (1) read with S. 2(f) of the COFEPOSA Act, 1974 (the Act) against him by the Administrator of Delhi on 3.9.87. The order was passed with a view to preventing the petitioner from engaging in transporting, concealing and keeping smuggled goods. The grounds of detention also dt. 3.9.87 were served on the petitioner while he was lodged in Central Jail, Tihar.

(2.) The petitioner made a representation to to the detaining authority on 26.9.87 which was rejected on 16.10.87. Thereafter the petitioner represented to the Central Govt. through his counsel for revoking the Impugned detention order. This representation dated the 15.10.87 (Annexure 'F' to the writ petition) was admittedly received in the COFEPOSA Section of the Ministry of Finance on 23.10.87. It was rejected vide memorandum dated the 9.11.87. These are the admitted facts.

(3.) In the petition, a number of grounds challenging the legality of the detention order have been taken. Before us the first plea is that the inordinate and un-explained delay of the respondents in dealing with the respresentation dated the 15.10.87 invalidates the detention order. The affidavit in opposition on behalf of the Central Govt. has been filed by Shri C. Rajan, Under Secy. to the Govt. of India, Ministry of Finance, Department of Revenue, New Delhi. About the plea that the representation was not decided in time, the averment in rebuttal contained in that affidavit is as follows