H FATHIMA Vs. STATE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE order of detention clamped on the detenu in exercise of the powers conferred by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), by the first respondent as per proceedings G.O.No.SR. 1/1225-8/2000 dated 16.10.2000, on the ground that the detenu has misdeclared the value of certain electronic goods imported by him is under challenge in this Habeas Corpus Petition on the following grounds:

(2.) HAVING heard learned counsel for the petitioner, learned standing counsel for Central Government and the State Prosecutor, we are of the opinion that the petition is well founded in the above submissions. It is brought on record that the detenu in fact sent a representation to the President by Speed Post, from the post office of the High Court Buildings, Chennai on 20.11.2000. According to the communication of the Postal Authorities, the aforesaid representation dated 20.11.2000 addressed to the Honourable President was served in the office of the President of India, New Delhi on 21.11.2000 under proper receipt. Therefore, there can be no escape from the conclusion that the representation dated 20.11.2000 has been served in the President's Office on 21.11.2000. If that is so, an obligation is cast upon the President's office to forward the aforesaid representation to the Department concerned for disposal in accordance with law. Since, admittedly the President's office, after having received the representation as aforesaid has failed to forward the representation to the Authorities concerned for disposal, we are of the opinion that there is violation of Article 22(5) of the Constitution of India vitiating the order of Detention. The question is no longer res integra.

(3.) IN the light of aforesaid discussions, we are inclined to allow this Habeas Corpus Petition. Accordingly, we allow this Habeas Corpus Petition, the Detention Order impugned herein and direct, that detenu be set at liberty forthwith, unless wanted in connection with any other case.