FRANCIS JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the brother of one Lawrence Joseph who is under detention in Central Prison, Thiruvananthapuram, pursuant to Ext. P1 order of detention dated 16-12-1998 passed by 1st respondent in exercise of the powers conferred under S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) (Central Act 52 of 1974). In Exts.P2(a) and P2(b) grounds of detention furnished to the detenu soon after the detention it is stated that the detenu is involved in attempting to smuggle out Indian and foreign currencies worth Rs. 16,06,278/- out of India in violation of the Foreign Exchange Regulation Act, 1974 (FERA) and the Customs Act, 1962. Soon after receiving Exts.P2(a) and P2(b) the detenu submitted Ext. P3 representation to the 1st respondent on 13-1-1999 through the 3rd respondent Superintendent, Central Prison, Thiruvananthapuram, who received the same on 12-1-1999. On the same date another representation was also submitted to the 2nd respondent, Sponsoring Authority.

(2.) The main grievance highlighted by the petitioner before us in this petition is that though Ext. P3 representation was presented to the 1st respondent by the 3rd respondent on 13-1-1999 orders thereon were passed only on 6-2-1999 as per Ext. P5 after a lapse of 25 days for which delay there is no satisfactory explanation forthcoming from the respondents in which case, the order or detention gets vitiated. We find the submission of the learned counsel for the petitioner well founded. From a perusal of the original records produced before us it is seen that Ext. P3 representation was received by the 3rd respondent Superintendent, Central Prison, Thiruvananthapuram, on 12-1-1999 who in turn forwarded the same to the 1st respondent Home Secretary, Government of Kerala, the very next day, viz. on 13-1-1999, Though the 1st respondent received Ext. P3 representation on

(3.) We accordingly allow this petition, quash Ext. P1 and P6 and direct that the detenu be released for with unless he is required in connection with any other case.