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2022 (11) TMI 222 - HC - CustomsValidity of detention order - malice in law - COFEPOSA - Inordinate and unexplained delay in passing of the impugned detention order - absence of subjective satisfaction and non-placement of vital documents by the sponsoring authority and/or non-consideration thereof by the detaining authority and non-supply thereof to detenu - detention vitiated in view of the violation of settled mandate of law and procedure - Non-application of mind by detaining authority while passing the detention order - Inchoate and incomplete investigation - Non-compliance of procedural safeguards/requirements - HELD THAT:- The Hon’ble Supreme Court in Ankit Ashok Jalan [2020 (3) TMI 248 - SUPREME COURT], has, in no uncertain terms carved out a distinction with respect to the determination of a representation, received after reference to the Advisory Board, sent to the detaining authority and to the appropriate government. It was observed that since the judgment in K.M.Abdulla Kunhi [1991 (1) TMI 244 - SUPREME COURT] had dealt with a situation where the detaining authority was the appropriate Government itself, the principle laid down there would not be applicable in a case where the detaining authority and the appropriate Government are distinct - It was therefore held in Ankit Ashok Jalan that if the law is now settled that a representation can be made to the specially empowered officer who had passed the order of detention in accordance with the power vested in him and the representation has to be independently considered by such detaining authority, the principles concerned adverted to in para 16 of the decision in K.M. Abdulla Kunhi would not be the governing principles for such specially empowered officer. In the present case, the representation made to the detaining authority, i.e., respondent no. 2 on 02.03.2022, who was specially empowered officer passing the order of detention, was decided on 15.03.2022, without waiting for the opinion of the Advisory Board or confirmation of the detention order by the Central Government. The second representation dated 10.03.2022 made by the detenu to the Central Government, i.e, respondent no. 3 was received by the latter after the reference being made to the Central Advisory Board and decided on 09.05.2022, i.e., after receipt of the said opinion and confirmation of the detention order by the Central Government - the detention order cannot be quashed on the ground urged on behalf of the detenu that there was inordinate and unexplained delay on the part of the Central Government, i.e., respondent no. 3 in deciding the representation dated 10.03.2022. The present writ petition is dismissed and disposed of accordingly.
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