SOLOMON CASTRO Vs. STATE OF KERALA

JUDGEMENT

(1.) The order of detention passed by the Principal Secretary to Government (Home), Government of Kerala in purported exercise of power conferred under Sec. 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'the Act') is challenged in this Original Petition for a writ of Habeas Corpus under Article 226 of the Constitution of India, 1950 (in short 'the Constitution'), filed by the father of Benny, J. Solomon (hereinafter referred to as 'the detenue').

(2.) The aforesaid detenu was directed to be detained and kept in custody in the Central Prison, Thiruvananthapuram in pursuance of the said mittimus order of detention, which is Ext. P1 to the Original Petition. The direction for detention came with a view to preventing him from abetting the smuggling of goods. Several acts have been described to show why detention was considered necessary.

(3.) The only point urged in support of the Original Petition is the alleged delay in disposal of the representation filed by the detenu. It is submitted that the representation filed by the detenu was not dealt with the promptitude warranted. Learned counsel for the State and the Central Government took the stand that there is no delay in disposal of the representation and it was dealt with utmost expedition.