1998 (10) TMI 535

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..... lchand 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 A .....

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..... rsuance of the impugned detention order, that no memo of the Central Government rejecting the representation of the detenu has been received by the Bombay Central Prison, Mumbai or the Yerawada Central Prison, Pune, till date. 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: (a) .....

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..... less it is absolutely necessary to wait for some assistance in connection with it) until a final decision is taken and communicated to the detenu. (Emphasis supplied). In the latter decision, it would be pertinent to refer to the following observations contained in para 23 :-- In the instant case, the gap between the receipt and the disposal of the representation is 28 days but up to the .....

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