Important Point
Where the Central Government sought for clarification thrice in the usual bureaucratic style without there being any need for it, the delay in disposing of the representation of the detenue could not be said to be reasonable and representation having been not disposed of with promptitude, detention order and declaration were vitiated.

Judgment

S. Saghir Ahmad, J.-Leave granted.

2. The appellant has been detained in pursuance of an order dated 4.11.1997 passed under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, ‘the Act’). This was followed by a declaration under Section 9(1) of the Act which was made on 27.11.1997. These orders were challenged by the appellant before the Madras High Court by a writ petition under Article 226 of the Constitution of India which was dismissed on 15.12.1998. It is against this judgment that the present appeal has been filed.

3. It is contended by the learned counsel for the appellant that against the order dated 27.11.1997 passed under Section 9(1) of the Act, the appellant had made a representation to the Central Government on 8/10.12.1997. But the representation was rejected after an inordinate delay for which no reasonable explanation has been provided by the respondents. In the counter affidavit filed before the High Court in this case, the respondents had sought to explain the delay as under:-

“9. With regard to averments made in Para 8 (xxxviii) it is humbly submitted that the representation dated 08.12.1997 (actu­ally dated 10.12.1997) was received in the office of the Department of Revenue on 15.12.1997 from the State Government of Tamil Nadu. The same was received in the Cofeposa Unit of the Ministry on 16.12.97.

16.12.1997 The representation dated 10.12.1997 was forwarded to the Commissioner of Customs, Chennai for furnishing of parawise com­ments.

19.12.1997 The letter calling for proforma comments was received by the Assistant Commissioner of Customs (Cofeposa), Chennai.

20.12.1997

21.12.1997 Were closed holidays being Saturday and Sunday.

22.12.1997 Proforma comments were prepared and submitted to the Additional Commissioner of Customs for approval.

23.12.1997 Additional Commissioner approved the comments and the same were forwarded to Under Secretary (Cofeposa).

25.12.1997

27.12.1997

28.12.1997 Parawise comments were received from the Sponsoring Authority. On the same day clarifications were called for from the Section Officer (Cofeposa) by the Under Secretary (Cofeposa).

30.12.1997 Clarifications were provided and file resubmitted to Under Secretary (Cofeposa).

01.01.1998 The representation from the detenu dated 10.12.1997 and proforma comments dated 23.12.1997 from Customs Department, Chen­nai were placed in two separate files for consideration by the Additional Secretary (Administration) and Secretary (Revenue).

01.01.1998 Clarifications were again sought from the Customs Department, Chennai on certain points.

03.01.1998

04.01.1998 Were closed holidays being Saturday and Sunday.

06.01.1998 The Cofeposa Unit in Customs Department, Chennai, received the letter calling for clarifications.

07.01.1998 Clarifications prepared and submitted to Assistant Com­missioner (Cofeposa) who submitted the same to Additional Commis­sioner of Customs, Chennai for approval.

09.01.1998 Additional Commissioner approved the clarifications and the same were despatched to New Delhi.

10.01.1998

11.01.1998 Were closed holidays being Saturday and Sunday.

12.01.1998 Letter from Additional Commissioner of Customs, Chennai with clarifications received in the office of Joint Secretary (Cofepo­sa).

13.01.1998 Clarifications received in the Cofeposa Unit.

13.01.1998 The Section Officer (Cofe­posa) submitted the file to Under Secretary (Cofeposa).

14.01.1998 The Under Secretary (Cofe­posa) submitted the file to Joint Secretary (Cofeposa).

14.01.1998 Clarifications were again sought from the Customs Department on certain points.

17.01.1998

18.01.1998 Were closed holidays