TMI Blog1980 (9) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... arrested in pursuance of that order on November 2, 1979. The grounds of detention were served on the detenu on November 3, 1979. 2. On November 3, 1979 the detenu's brother Tara Chand addressed a letter to the detaining authority on behalf of the detenu praying for revocation of the order of detention. This letter was more in the nature of complaint against the Customs Officer, and less than a representation against the grounds of detention. The prayer made in this letter was rejected on November 19, 1979. 3. A meeting of the Advisory Board was held on November 30, 1979. The detenu was heard by the Board. The Board made a report on December 3, 1979 justifying the detention. The detention was confirmed by the State Government on De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In para 21 of this counter, it is admitted that the petitioner had sent an application under Section 11 of the COFEPOSA for revocation of the detention order to the Central Government and that application was received in the office of the Home Secretary on March 6, 1980 for parawise comments. It is further stated in that Para; The Home Secretary on March ,7, 1980 forwarded the same to the Collector of Customs, Jaipur for sending his comments. The comments of the Collector of Customs, Jaipur were received on March 13, 1980 in the office of the Home. Secretary. The State Government sent its comments to the Secretary, Ministry of Finance, New Delhi on March 14 1980. The answering respondents are not aware as to how the Central Government ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentation was sent to the Collector for comments, and no intimation has been sent to the detenu about the fate of his representation dated February 23, 1980, addressed to the detaining authority. In fact, as it appears from the counter, the detaining authority refused to consider the same merely because the detenu had requested that this representation be forwarded to' the Advisory Board, also. The mere fact that the meeting of the Advisory Board had been held earlier was hot a valid excuse for the detaining authority in not considering the representation of the detenu at all. 10. It is well settled that in case of preventive detention of a citizen, Article 22(5) of the Constitution enjoins that the obligation of the appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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