HARVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In exercise of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) hereinafter referred to as COFEPOSA, Shri K. L. Verma, Joint Secretary to the Government of India passed an order of detention of the petitioner dated 13-10-1988, with a view to preventing him from smuggling goods. As a consequence of this order, the petitioner was arrested and detained on 7th Novernber, 1988. On the same day, the grounds of detention were duly served.

(2.) On 25th November, 1988, the petitioner exercised his right in making the representation against the order of his detention, to the detaining authority and the Centra Government. His representations were carefully considered and the same were rejected by order dated 23rd December, 1988, but communicated to the detenu on 17th January, 1989. For the determi nation of the questions in controversy, the other facts need not be stated.

(3.) The contention of the learned counsel for the petitioner is two-fold; that there has been an inordinate and unexplained delay, not only in dealing with the representation but also in communication of its result to the petitioner.