1999 (12) TMI 860

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....made by the wife of the detenu to the central government has not been disposed of till date. The receipt of the representation dated 7/6/1999 was denied on behalf of the Central government. Consequently, this Court passed the following order on 17/11/1999: "Learned counsel for the petitioner prays for and is allowed one week's time to file an additional affidavit annexing therewith the document indicating that the representation sent by the wife of the detenu to the secretary in the central government was duly received by the addressee (the secretary). The respondents shall have a week's time thereafter to file the replies. List after three weeks on a non-miscellaneous day." An additional affidavit has been filed by the wife of t....

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....ated 20/7/1999 from Deputy Manager (Customer Services), Speed Post Centre, Madras saying that the Speed Post Item No. 0486 dated 8/6/1999 was delivered to the addressee on 9/6/1999 as also the delivery card has been filed with this affidavit. In the additional counter affidavit on behalf of Union of India, it is stated as follows: "4. That in reply to the averments made in paragraphs 4 & 5 of the additional affidavit filed in Writ Petition (Cri.) No. 193 of 1999, it is submitted that the purported representation dated 07/06/1999 said to be addressed to the central government has not been received in the central Registry of the Ministry of Finance, Department of Revenue, hence the said representation was not received in the COFEPOSA Unit of ....

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....ning of service by post.-Where any central Act or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression "serve" or either of the expression "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post". In the face of the additional affidavit filed on behalf of the petitioner, which is supported by necessary documents as also the provisions of Section 2....