- (1.) This writ petition filed under Article 32 of the Constitution challenges the order of detention passed under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities act, 1974 whereby the petitioner was detained for preventing him from carrying on smuggling activities set out in the grounds in support of the order of detention dated 29/4/1999.
(2.) One of the grounds on which the detention order is challenged is that the representation 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. "
(3.) An additional affidavit has been filed by the wife of the petitioner in which it is inter alia stated as under: " (4) I submit that I have sent the representation dated 7/6/1999 as instructed by my husband for his release to the secretary to the central government, ministry of Finance, Janpath Bhavan, 6th floor, 'b' Wing, New Delhi by Speed post along with Proof of Delivery Card, on 8/6/1999 from Egmore Post Office, chennai-8, Tamil Nadu under Receipt n0. 0486, dated 8/6/1999. (5) I submit that my representation dated 7/6/1999 sent on 8/6/1999 by speed Post was received by the secretary to the government of India, Ministry of Finance, New Delhi, Janpath bhavan, 6th floor, 'b' Wing, New Delhi- 110001 on 9/6/1999. Further Speed post Centre, Chennai have certified that the Speed Post was delivered to the addressee on 9/6/1999. True xerox copy of Speed Post Receipt No. 0486 dated 8-6-99 issued by the Egmore post Office and the xerox copy of the proof of Delivery Card and the Communication received from the Postal Authorities are filed herewith as Annexure -P3 (Colly. ). From the above it is evident that the representation dated 7/6/199999 was sent by me on 8-6-99 to the secretary to the government of India, ministry of Finance, Department of Revenue, new Delhi- 110001 on 9/6/1999. Therefore, the denial of the receipt of the representation dated 7-6-99 is totally incorrect and wrong. ";