1990 (12) TMI 231

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....t Nos. 1 & 2 Shri P.M. Raval, for Respondent Nos. 3 & 4. [Oral 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 an....

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....re of his right of representation against the declaration only on 30-8-1990 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 afo....

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.... learned Advocate for the petitioner, it was quite unreasonable and 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....

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....not been made aware, either in the order of declaration or within a reasonable 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 an....