(1.) HAVING heard the learned counsel for the parties in this writ petition preferred under Article 226 of the Constitution of india, by the petitioner who is the wife of the detenu Kamlesh Nayalchand Shah, we are implicitly satisfied that the continued detention of the detenu in furtherance of the detention order dated 14-10-1997 passed by the second respondent Mr. Somnath Pal, Joint Secretary to the Government of india, Ministry of Finance, Department of Revenue new Delhi, detaining him under section 3 (1) of the conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974, is vitiated in law because, the detenu has received no communication till date from the respondents about the fate of his representation dated 2-3-1998.
(2.) IT is not disputed by the counsel for the parties that :
(3.) IT is well-settled that in the right to make a representation at the earliest opportunity, conferred by Article 22 (5) of the Constitution of india, is implicit :