HAJI SULEMAN KHAFI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner - detenu has filed this petition under Article 226 of the Constitution of India, challenging the legality, validity and propriety of the order of detention dated 17-2-87 served on the detenu on 5-4-95 passed by the specially empowered officer i.e. Additional Chief Secretary to the Government of Gujarat, Home Department, in exercise of power under sub-see. (i) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), with a view to preventing the petitioner from abetting the smuggling of goods.

(2.) Along with the order of detention, the petitioner was also served with the grounds of detention and relevant documents. The grounds on which the order of detention came to be passed, in short, are as under :-

(3.) Learned Advocate Mr. Jani for the. petitioner has pressed into service only the following ground, despite he has raised numerous grounds to challenge the legality and validity of the order of detention. The ground advanced and pressed in service is that there is undue and unexplained delay in deciding the representation of the petitioner. This delay has caused infraction of Article 22(5) of the Constitution of India and has vitiated the continued detention. The order of detention is, therefore, liable to be quashed and set aside.