NARBHARAM PITAMBARDAS SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged by way of this petition the order of detention dated 21-5-1990 passed by respondent No. 2 herein under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The order of detention along with the grounds of detention and the materials were served to the detenu on 25-5-1990. As per the impugned order, the detenu was detained with a view to preventing him from dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods.

(2.) The learned Advocate for the petitioner raised several grounds challenging the impugned order of detention. However, one of the main grounds canvassed on behalf of the petitioner is that there is delay in considering the representation of the detenu by respondent No. 1 and, therefore, the continued detention of the detenu is bad and illegal.

(3.) Our attention is invited by the learned Advocate appearing for the petitioner to ground 6(v)of the petition. The contention as set out in the said ground is as under :