TMI Blog1981 (10) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed. - Writ Petition Nos. 3614 & 3647 of 1981 - - - Dated:- 22-10-1981 - For the Petitioner : Harjinder Singh For the Respondent : N. S. Das Bahl and M. S. Dhillon JUDGMENT CHANDRACHUD, C.J: By this petition under Article 32 of the Constitution the petitioner challenges the validity of an order dated March 27, 1981 passed by respondent 1, the State of Punjab, under section 3(1) of the Conservation of Foreign enchange and Prevention of Smuggling Activities Act, 1974. On April 19, 1981, while the petitioner was in detention, his advocate, Shri Harjinder Singh, wrote a letter to the Superintendent of Central Jail, Amritsar, enclosing therewith two representations drafted on behalf of the petitioner, one of which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unfortunate lapse on the part of the authorities is that they overlooked totally the representation made by the detenu to the Central Government. The representations to the State Govermnent and the Central Government were made by the detenu simultaneously through the Jail Superintendent. The Superintendent should either have for warded the representations separately to the Governments concerned or else he should have forwarded them to the State Government with a request for the onward transmission of the other representation to the Central Government. Some one tripped somewhere and the representation addressed to the Central Government was apparently never forwarded to it, with the inevitable result that the detenu has been unaccountably d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Siroya v. Union of India(2) this Court held that when a properly addressed representation is made by the detenu to the Central Government for revocation of the order of detention, a statutory duty is cast upon the Central Government under section 11, COFEPOSA to apply its mind and either revoke the order of detention or dismiss the petition and that a petition for revocation of an order of detention should be disposed of with reasonable expedition. Since the representation was left unattended for four months, the continued detention of the detenu was held illegal. In our case, the representation to the Central Government was not forwarded to it at all. These then are our reasons for the order dated October 1, 198 1 whereby we directed th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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