UGAMDEVI GHEVARCHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) NON consideration of the representation of the detenu at earliest by the Central Government in our view, vitiates the continued detention of the detenu thereby entitling the release of the detenu forthwith.

(2.) THE impugned order of detention is passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 ( for short " COFEPOSA ACT "). THE same is dated 5th September, 1994 and is served on the detenu alongwith the grounds of detention on 16th November, 1994.

(3.) SHRI Karmali, the learned Counsel appearing in support of the petitioner has however contended that the aforesaid representation ought to have been also considered by the Central Government expeditiously. As far as this aspect of the matter is concerned, the representation not having been addressed to the Central Government was not placed before the Central Government for its consideration. The representation which was addressed to the Advisory Board was duly considered by the Advisory Board. The Advisory Board on 27th January, 1995 rejected the representation of the detenu and further recorded its opinion that there were sufficient grounds to detain the detenu. The concerned file of the Advisory Board, containing the rejection of the representation and the opinion of the Advisory Board, was forwarded to the Central Government on 27th January, 1995 itself. The representation of the detenu was thereafter duly processed in the Ministry of Finance and the same was ultimately rejected by the Finance Ministry on 13th February, 1995.