H.N.Seth, J. - (1.) By this petition under Article 226 of the Constitution petitioner Badre Alam. whose brother Nishat Alam is being detained under the provisions of Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA ACT) in pursuance of the order dated 29th of April 1981 pass- ed by the State Government, questions the validity of Nishat Alam's detention and prays that the respondents be directed to set him at liberty forthwith.
(2.) The facts which are no more in dispute between the parties are that Nishat Alam was arrested and the order dated 29-4-1981 passed by the State Government authorising his detention along with the grounds therefore, was served upon him on 8th of July, 1981. A representation dated 9th of July, 1981 addressed to the Joint Secretary. U. P. Government in regard to the aforesaid, detention order passed by the State Government was sent by Nishat Alam by registered post from the District Jail, Bareilly where he was being detained, on 15th July. 1981 and the same was received by the State Government on 17th of July, 1981. The state Govt. eventually rejected the said representation on 27th of July, 1981. As in the meantime the matter had already been referred to the Advisory Board, the State Government forwarded the said representation as wen to the Board on 27 lh of July, 1981.
(3.) Nishat Alam handed over his second representation with regard to his detention, addressed to the Home Secretary. State of Uttar Pradesh, to the Superintendent of District Jail, Bareilly on 23rd of July, 1981 and the same was considered and rejected by the State Government only on 17th August 1981, that is, after a lapse of 25 days.;