9911796707
TMI Blog1990 (11) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent No. 2 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the COFEPOSA for brief). Its copy is annexed as Annexure 'B' to this petition. 2. The petitioner was served with the order of detention at Annexure 'B' on 6th February, 1990. He was also supplied with the grounds of detention on that very day. A copy thereof is as Annexure 'B-1'. A declaration was also issued under Section 9(1) of the COFEPOSA on 12th March 1990. Its copy is as Annexure 'C'. The detenu made his representation on 29th March, 1990 to respondent No. 2. Its copy is as Annexure 'G' to this petition. It was considered and rejected by the Competent Authority some time on 22nd May, 1990. A copy of the memorandu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omments were also required from the Investigating Authority and such comments were called from the Investigating Authority. Then, it has further been stated that, on receipt of the said comments, the same were sent to the Ministry of Finance on 11th May, 1990. The rest of the explanation would not be material for the present purpose. 4. It does not become clear from para 19 of the affidavit-in-reply when the comments from the Sponsoring Authority were in fact received. In any case, such comments from the Sponsoring Authority would never have been received before 25th April, 1990. It becomes clear therefrom that comments were invited from the Sponsoring Authority as early as on 6th April, 1990. The Sponsoring Authority was required to be re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u. That delay on the part of the authority remained unexplained in the affidavit filed on behalf of the Detaining Authority in that case. The Supreme Court has thereupon ruled that the continued detention of the detenu could not be sustained in view of such delay in consideration of the representation. It has been observed therein as under : "A representation of a detenu whose liberty is in peril should be considered and disposed of as expeditiously as possible; otherwise the continued detention will render itself impermissible and invalid as being violative of Article 22(5). If any delay occurs in the disposal of a representation, such delay should be explained by the appropriate authority to the satisfaction of the Court. In case the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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