SHYAM KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Consasiitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner has challenged the detention order dated May 11, 1988, passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and a declaration dated June 1, 1988, passed under Section 9(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act').

(2.) Thirteen grounds have been raised in this writ petition for challenging the impugned orders but Mr. Rohit Kochhar, the learned counsel appearing for the petitioner, confined the challenge only to four grounds and has given up all other grounds.

(3.) The first ground of challenge is that the representation made to the Central Government by the detenu which is dated May 30, 1988, came to be rejected only on July 20, 1988, hence, there has occurred unexplained and undue delay in disposal of the said representation which has the effect of vitiating the continued detention of the petitioner.