MOIDEEN ABBAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been brought under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, seeking quashment of order of detention dated April 26, 1988, passed by respondent No. 2 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act') with a view to preventing the petitioner from smuggling goods and the declaration dated May 26, 1988, issued by respondent NO. 4 under Section 9(1) of the COFEPOSA Act.

(2.) In ground No. VII appearing at page 21, it has been pleaded that the petitioner had made a representation dated December 20, 1988, addressed to the detaining authority but the same has not been considered by the appropriate authority as the same has been rejected by the specially empowered officer and not by the Central Government.

(3.) In the counter-affidavit filed by Shri K.L. Verma. who was working as Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, this fact is not controverted that this repsesentation was not placed before the Central Government and rather it has been disposed of by the specially empowered officer, who bad passed the detention order.