SUBHASH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who has been detained under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act since November 23, 1987, impugns his detention on the ground, amongst others, that his statutory representation has not been disposed of, by the concerned authorises without unreasonable delay.

(2.) THE case of the petitioner is that he was detained vide order dated November 23, 1987. He made his representation on December 14, 1987, which was received in the office of Ministry on December 23, 1987. It was sent for comments the same day and the comments of the Enforcement Department were received on January 14, 1988. It was forwarded to the Minister of State for Finance on the same day and the representation was considered on January 19, 1988, and was rejected on the same day. The reply by way of affidavit of Shri S. K. Chowdhry, Under Secretary, Ministry of Finance, Department of Revenue, has been filed. In the reply, the position taken up by the Under Secretary is as under :

(3.) IN the light of the law laid down by their Lordships in Harish Pahwa's case (supra), it is to be noted that the explanation of delay as offered in the affidavit of Mr. Chowdhry does not meet the requirement of law.