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 (