HYDER Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petiton filed under Article226 of the. Constitution of India read wish Section 482 of theCode of Criminal Procedure, the petitioner has challenged thedetention order dated 11/05/1988, passed under Section 3(1)of the Conservation of Foreign Exchange and Prevention ofSmuggling Activities Act, 1974 (for short 'COFEPOSA Act')and a declaration dated 1/06/1988, passed under Section 9(1)of COFEPOSA Act.

(2.) 13 grounds have been raised in this writ petition forchallenging the impugned orders but Mr. Rohit Kochhar, thelearned counsel appearing for the petitioner, confined the challenge only to four grounds and has given up all other grounds.

(3.) The first ground raised is that the representation dated 18/07/1988, made by the detenu to the Central Governmentwas not dealt with due promptitude. In the counter-affidavitfiled by Shri C. Rajan, Under Secretary, on behalf of the CentralGovernment, it has been mentioned that the said representation was received in COFEPOSA Section on 3/08/1988. Asthe representation was in Kannada language, a copy of the samewas forwarded to the sponsoring authority tor comments and itsEnglish translation and the same was received at Bangalore on 8/08/1988 and its English translation was obtained and after obtaining the comments, the same were sent to the Central' Government on 12/08/1988 and after they were receivedon 17/08/1988, in the Central Government and 'after dueconsideration the representation was rejected on 19/08/1988.So, there is no delay made in considering the said representation.