UMA SHANKER VERMA Vs. SUPDT CENTRAL JAIL NAINI

JUDGEMENT

(1.) The petitioner by means of this petition filed under Art.226 of the Constitution has challenged the order dated 24th February, 1989 passed by the Central Government under S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA) under which the petitioner has been detained in the Central Jail, Naini, Allahabad. It may be stated that the petitioner was arrested at Lucknow by the Custom authorities on 18-1-1989 for an offence alleged to have been committed by him under Section 104/135 of the Customs Act.

(2.) He was produced before the Chief Judicial Magistrate on 19-1-89 who remanded him to Judicial Custody. While the petitioner was in jail, the impugned order of detention dated 24th February, 1989 was served on him on 29th February, 1989.

(3.) On 6th March, 1989 the petitioner made a representation through the Superintendent, Central Jail, Naini to the Central Government which was received by the latter on 9th March, 1989. The same day, that is, on 9th March, 1989, the Central Government sent the representation to the sponsoring authority for his comments. This was received by the sponsoring authority on 29th March, 1989 while his comments were received by the Central Government on 5th April, 1989. The Central Government rejected the representation of the petitioner on 11th April, 1989 and confirmed the order on 18th May, 1989.