SHRAVAN RIKABCHAND BHANDARI Vs. UNION OF INDIA

JUDGEMENT

(1.) A writ of Habeas corpus or any other appropriate writ is sought to get the order of detention dated 4th of January, 1994 made under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "cofeposa") made by respondent No. 2, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi and pursuant to which, the petitioner has been taken under detention quashed and set aside.

(2.) THE story of the matter is that the order of dention dated 4th January, 1994 was served on Shailesh Rikabchand Bhandari, hereinafter called as "the detenu" on 4th of March, 1994. Grounds of detention were pari pasu served on the detenu and he was taken in dentention on the same date. The petitioner made a representation under Article 22 (5) of the Constitution of India addressed to respondent No. 2-detaining authority to revoke the order of detention. The pertitioner was informed sometime by the end of April 1994 that his representation against the order of detention has been rejected on 21st of April, 1994 by the Central Government.

(3.) LARGE number of grounds have been raised in this petition to challenge the order of detention but finally Mr. M. G. Karmali, learned Counsel for the petitioner, has restricted the case of the detenu only on one ground that though the representation dated 1st of April, 1994 was adressed to the 2nd respondent,the authority who made the the detention order, the detenu was misled that the representation was rejected by the Central Government and in that the petitioner lost his valuable right of making representation to the Central Government. To buttress this ground, Mr. Karmali relies upon a decision in the case of (Jawhar Roopchand Asar v. Union of India and other) in Criminal Writ Petition No. 686 of 1994, an unreported judgment of the Division Bench of this Court rendered on 17th of October, 1994.