KULWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition Bhupinder Singh challenges the validity of the detention order pased against him under Section 3(1) of the Conservation of Foreign Exhcange and Prevention of Smugling Activities Act, 1974 (hereinafter referred to as COFEPOSA Act). The said order was passed on 14th October, 1988 by Shri K. L. Verma,. Joint Secretary to the Government of India, specially empowered under the COFEPOSA Act, with .a view to preventing the petitioner from engaging in transporting, keeping and dealing in smuggled goods, otherwise than by engaging in concealing smuggled goods. The grounds of detention also dated the 14th October, 1988 were served on the petitioner on 15th October, 1988, the date on which he was detained.

(2.) A number of grounds have been taken in the petition to challenge the legality and validity of the impugned order. Mr. R. M. Bagai, learned counsel for the petitioner during arguments has confined himself to only one ground. It is urged that the representation made by the detenu on 1st November, 1988 to the detaining authority seeking revocation of the impugned order, was decided belatedly on 13th December, 1988 without any satisfactory or cogent explanation. Therefore, the continued detention of the detenu is vitiated.

(3.) In paragraph 10 of the petition, the above grievance has been spelled out. That paragraph reads: