P. K. KUNJUMOL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Habeas Corpus Petition is filed by the mother of the detenu who has been detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the 'COFEPOSA Act'). The brief facts of the case are as follows. The detenu was arrested by the Superintendent (Intelligence). Air Customs, Calicut on 24-8-1992 on the discovery of 24.76 Kgs of undeclared gold valued at more than one crore rupees. He had only declared 42 biscuits of gold, and had paid customs duty. But so far as this 24.76 Kgs. of gold is concerned, he did not give any declaration about the same. He was detained under the Customs Act, but he was released on bail on 17-9-1992 Thereafter Ext. P1 order of detention was issued under S.3(1) of the COFEPOSA Act on 28-12-1992 by the State Government. Of course, it could only be served on the detenu on 10-2-1993. It may be noted that the detenu had in the meantime surrendered before the Court of Addl. Chief Judicial Magistrate, Economic Offences, Ernakulam, on 2-2-1993 itself. But even so, the detention order was served on the detenu only on 10-2-1993. The grounds of detention were Served on the detenu 11-2-1993. The case of the detenu was referred to the Advisory Board on 9-2-1993. On 15-3-1993, Ext. P6 declaration was issued by the Union of India under S.9(1) of the COFEPOSA Act stating that the detention would be for one year. The detenu submitted Ext. P3 representation on 23-3-1993 both to the State Government as well as to the Union of India. The State Advisory Board gave its report on 6-4-1993 and an order of confirmation was passed as per Ext. P7 on 23-4-1993 by the State Government under S.10 of the COFEPOSA Act. In the meantime, on 15-4-1993 itself the State Government passed Ext. P4 order rejecting the representation of the detenu, Ext. P3. The Central Government passed orders on 27-4-1993 Ext. P5 rejecting Ext. P3 representation. The Writ Petition was filed by the mother of the detenu on 17-5-1993.

(2.) In this Petition, learned Senior Counsel for the petitioner, Sri. M. N. Sukumaran Nair, has pressed only two points for our consideration. The first one is that Ext. P3 representation dated 23-3-1993 made to the Central Government and State Government was disposed of by the Central Government on 27-4-1993, and that there is no satisfactory explanation for this delay. The second point is that even after the detenu surrendered himself before the Addl. CJM on 2-2-1993, the detention order was executed only on 10-2-1993, and that there is unreasonable delay in execution of the detention order.

(3.) Coming to the first point, we are unable to agree that there is unreasonable delay in passing the order by the Central Government rejecting the detenu's representation. The Central Government has filed a counter affidavit, and has mentioned in Para.3 therein as follows;