LAWS(GJH)-1986-5-6

SODHABHAI CHAKABHAI SHIYAL Vs. UNION OF INDIA

Decided On May 01, 1986
SODHABHAI CHAKABHAI SHIYAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The detention of the detenus who have been detained by an order under section 3 (1) of the conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereafter referred to as the Act) is challenged on several grounds. One of the grounds which is common in both these petitions is that the representation made to the Central Government has not been decided within reasonable time and the delay has not been explained.

(2.) As we are inclined to quash the detention on this ground alone, we have heard two matters together with the consent of the learned advocates of the parties and these two applications are being disposed of by the common judgment.

(3.) In Special Criminal Application No. 177 of 1986 it is an admitted fact that the representation was made to the Central Government of 7th December, 1985. The detenu has contended that the said representation bas not so far been disposed of by the Central Government. The affidavit filed on behalf of the Central Government does not controvert this allegation made by the petitioner. The learned advocate Shri S.D. Shah appearing for the Central Government states that the has sent two reminders by wireless message to the Central Government but there is no reply received to the same as yet. In view of this, it appears that the Central Government has not decided the representation of the detenu even till today. In view of this the detention order is required to be quashed on this ground alone and, therefore, we do not go into the other ground: of challenge.