9911796707
TMI Blog1999 (5) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... sonal search and that of his baggage foreign and Indian currency collectively valued at Rs. 17,44,380 was allegedly recovered from him. Petitioner is alleged to have voluntarily made statement under section 108 of the Customs Act, 1962 admitting the recovery of the said currency from his possession. Thereafter on 29-7-1998 petitioner was remanded to judicial custody by the Additional Chief Metropolitan Magistrate, New Delhi, and the remand period is being extended from time to time. Detention order in question was thereafter passed on 11-2-1999 while he was in custody. Representation of the petitioner dated 18-2-1999 for revocation of the said detention order was rejected by the respondent No. 1 on 19-3-1999 while by the respondent No. 2 on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not received by the respondent No. 2 from Secretary to the Government of India. Said representation was put upto the detaining authority only on 26-4-1999 and the detaining authority considered and rejected it on 29-4-1999. Information regarding the rejection was communicated to the petitioner on 3-5-1999, 30-4-1999, 1st and 2-5-1999 being gazetted holiday Saturday and Sunday. It is thus not in dispute that the representation dated 24-3-1999 after consideration was rejected by the detaining authority on 29-4-1999. Contention advanced on behalf of the respondents was that in the second representation dated 24-3-1999 no new facts were pleaded and the same was, therefore, not required to be formally disposed of by the detaining authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered by the Supreme Court and in Para 8 of the report it was held : "It is a fact that a representation was made by the petitioner on behalf of the detenu which was received in the office of the Chief Minister on November 28, 1984, and Mr. Jethmalani has accepted the position that orders on the representation were passed on January 23, 1985, and the said orders were received on January 28, 1985. In the representation made by the petitioner to the Chief Minister, the order of detention was casually impugned but lot of attention appears to have been bestowed on the necessity of keeping the detenu in a Bombay Jail instead of sending him to Nasik Road Prison as directed in the order of detention. A detailed representation was made by Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5th September, 1998 in which no new or relevant facts and circumstances had been brought to light, was not required to be expeditiously disposed of, has considerable force. His reliance is on a recent decision of the Supreme Court in K. Aruna Kumari v. Government of Andhra Pradesh AIR 1988 SC 277, in support of his argument that a successive representation based on the same facts, is not required to be formally disposed of. In paragraph 9 of the said judgment, it has been held as follows : So far as the second representation filed by Madhava Rao s cousin Lakshman Rao is concerned, it has, in fact, been disposed of by the Central Government but about 3 months later after its filing. It was argued that section 14 of the Act clothes th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hakil Ahmed Ansari s case ( supra ) also has no applicability to this case as in that case representation of the petitioner dated 7-7-1995 was not considered by the detaining authority indepen-dently of the opinion of Advisory Board. 10. On the ratio of the decisions in Smt. Asha Keshavrao Bhosale s case (supra) and Jamal Haji Jakaria s case ( supra ) delay in disposing of the representation dated 24-3-1999. Which did not disclose any new ground, by the detaining authority, who did not receive the copy of the representation from the Secretary to the Government of India, Ministry of Finance, to whom the said representation was addressed, cannot be legally made the basis for quashing the detention order in question and the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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