SURESH RAJKUMAR SETH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who is the son of the detenue seeks to impugn an order of detention passed by Shri Mahendra Prasad, Joint Secretary to the Government of India in his capacity as an officer specially empowered under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act), bearing No. F. No. 673/91/94-CUS. VIII dated 1st June, 1994. The said order was served on the detenue on 28th of June, 1994 and the grounds of detention were served on the detenue pari passu with the order of detention. The order of detention and the consequent detention of the detenue is impugned in the present petition.

(2.) SHRI Karmali, learned Counsel appearing in support of the petition has agitated only one ground viz. , the ground which he has taken up by way of additional ground of challenge being ground No. 12, which has been permitted to be taken by virtue of petition being permitted to be amended. It has been submitted in the said ground as under : xii)

(3.) IN substance, it is the contention of Mr. Karmali that the representation of the detenue has not been considered by the detaining authority and this has resulted in the infraction of his right guaranteed under Article 22 (5) of the Constitution of India.