TMI Blog1990 (12) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... l Judgment per : J.U. Mehta, J.]. The petitioner who is the detenu has challenged by way of this petition the order of detention dated 18-2-1989 passed by the Addl. Chief Secretary to Government, Home Department, Gandhinagar in exercise of the powers under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), conferr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-8-1990 in pursuance of the letter written by the petitioner on 20-8-1990. He submits that the petitioner wrote a letter on 20-8-1990 which is annexed at Annexure F , inquiring whether he has a right to make a representation against the Declaration under Section 9(1) and if he has, to whom he can make a representation. To the aforesaid letter, the Under Secretary to Government of India, wrote a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inconsistent with the provisions of Art. 22(5) of the Constitution and, therefore, the Declaration under Sec. 9(1) of the COFEPOSA be quashed and set aside. 3. The learned Advocate for the petitioner relied upon the judgment of the Supreme Court in the case of Jagprit Singh v. Union of India, reported in 1990 (3) Crimes 130. Mr. R.R. Tripathi, learned Addl. Public Prosecutor appearing for respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easonable time thereafter that he had a right to make a representation against the declaration to the appropriate authorities. From the papers placed on record, it was not until the detenu wrote to the declaring authority on 10-11-1988 seeking clarification as to whether he had a right of representation against the declaration and, if so, to which authority that a clarification on this matter was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the original period of one year, in the circumstances, was unjustified. 4. We, therefore, set aside the detention of the detenu beyond the period of one year as envisaged by Section 9(1) of the COFEPOSA and direct that he be set at liberty at once unless there are other justifiable circumstances to hold him back in custody. Rule is made absolute accordingly. - - TaxTMI - TMITax - Indian Laws ..... X X X X Extracts X X X X X X X X Extracts X X X X
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