TMI Blog1980 (9) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... ner is an Indian citizen. On January 18, 1980, an order of his detention under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (herein-after called the 'COFEPOSA') was passed by the Government of Rajasthan under the signature of the Home Secretary to the Government. In pursuance of that order, the detenu was arrested on January 21, 1980. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vocation of his detention. 4. On July 16, 1980, the detenu filed this writ petition. Thereafter, on July 25, 1980, the Central Government rejected his representation. 5. Mr. Harjinder Singh, appearing for the detenu, has raised three contentions : (1) There was inordinate and unreasonable delay of about 35 days in considering the representation of the detenu by the detaining authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against his detention. This omission vitiates the detention. 6. Replying to the allegations in the writ petition regarding the first, contention, Shri V.D. Sharma has in his affidavit filed on behalf of respondents 2 and 3, stated that the representation of the detenu, made on February 20, 1980, was received in the Home Department of the State Government on March 14, 1980. Thereafter, the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de on February 20, 1980 remained lying unattended in his office for 22 days. In the counter-affidavit filed on behalf of the respondents, also, no explanation of this delay has been given. It may be noted that the jail wherein the detenu was detained, the Office of the Inspector-General of Prisons and the Office of the Home Secretary to the State Government, were all located in Jaipur City. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay of about 22 days amounted to a violation of Article 22(5), which guarantees to the detenu a right to have his representation considered with reasonable expedition. It was on this short ground that we had, as per our order dated August 20, 1980, allowed this writ petition, quashed the order of Saleh Mohammed's detention and directed his release forthwith. - - TaxTMI - TMITax - Indian La ..... X X X X Extracts X X X X X X X X Extracts X X X X
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