FAQIR SINGH Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) In this case, the petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (in short, COFEPOSA) vide order, dated 6/09/1994 (Annexure P-1) passed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenu (COFEPOSA Unit), New Delhi. The aforesaid order was served on the petitioner on 9/09/1994 while he was in judicial custody. The aforesaid, order has been challenged by the petitioner in this petition on the varies grounds mentioned in para 11 of the petition.

(2.) Notice of this petition was issued to the respondents and the respondents have filed their written statement by way of affidavit of Shri K. L. Verma, Under Secretary to the Government of India, Ministry of Finance, Department of Revenu.

(3.) Mr. Sandhu, learned counsel for the petitioner submits that the order of detention was liable to be quashed inter alia on the ground that the representation dated 29/09/1994, submitted by the petitioner to the Central Government was not promptly disposed of by the Central Government. In this connection, he drew my attention to para 10 of the petition, wherein it has been stated that the representation was addressed to the Joint Secretary to the Government of India, Ministry of Finance, Department of revenue (the detaining authority in this case) and it was requested in that representation itself that the copy of the said representation be also forwarded to the Central Government through the Finance Minister, Government of India. He submitted that the representation dated 29/09/1994 which was received in COFEPOSA Unit on 5/10/1994, was rejected on 7/12/1994. In support of this contention, the learned counsel placed reliance on the following judgments : (1) Mohinuddin v. District Magistrate Beed and others, AIR 1987 SC 1977. (2) Kusho Mahton and another v. The State of Bihar, AIR 1980 SC 788.