LAWS(ALL)-2002-5-26

NARESH Vs. STATE OF U P

Decided On May 24, 2002
NARESH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) VISHNU Sahai, J. Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner-detenu has impugned the order dated 22-2-2002 passed by the third respondent Mr. C. P. Singh, Dy. Secretary Government of U. P. Lucknow, Department of Home (Grah Evam Gopniya Vibhag) U. P. Lucknow detaining him under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities, 1974 (COFEPOSA, 1974 ).

(2.) THE detention order alongwith the grounds of detention which are also dated 22-2-2002 was served on the petitioner-detenu on 22-2-2002 itself and their true copies have been annexed to the writ petition.

(3.) LEARNED Counsel for the petitioner urged that a perusal of para 17 of the return filed by Mr. J. P. Sharma Dy. Secretary Department of Home (Confidential Department) U. P. Civil Secretariat Lucknow shows that there has been an inordinate and unexplained delay between 16-2-2002 and 26-2-2002 by the State Government in disposing of petitioner-detenu's representation which has rendered his continued detention bad in law.