Judgment

SEN, J.:- This petition for the grant of a writ of Habeas Corpus is for the release of one Bhalabhai Motiram Patel, who has been detained by an order of the State Government of Maharashtra dated February 12, 1980 under sub-sec. (1) of Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) on being satisfied that it was necessary to detain him with a view to preventing him from abetting the smuggling of goods and engaging in transport of smuggled goods. At the conclusion of the hearing on July 30, 1980 we made an order for the release of the detenu since we were of the view that his continued detention was invalid. We now proceed to give reasons therefor.

2. The facts emerging from the grounds of detention are that the detenu was acting as a courier between Messrs S. K. Malhotra Imports & Exports, Brussels having a widespread network abroad and Messrs. Apex Distributors, Bombay who were engaged in a criminal conspiracy to smuggle contraband goods on a wide scale.

3. It was conceded at the Bar that the grounds for detention set out the facts with sufficient degree of particularity and they did furnish sufficient nexus for forming the subjective satisfaction of the detaining authority. The order of detention was, therefore, not challenged on the ground that the grounds furnished were not adequate or sufficient for the satisfaction of the detaining authority, or for making of an effective representation.

4. In support of the petition, two points are raised challenging the validity of the continued detention? of the detenu both on procedural grounds, namely (1) there was undue delay in furnishing the documents, statements and writings referred to and relied upon in the order of detention to enable the detenu to prepare or cause to be prepared his representation against the said order of detention. and (2) there was a failure on the part of/the Central Government within a reasonable time to consider and deal with his application for revocation of the detention order under sub-section (1) of Sec. 11 of the Act.

5. On February 12, 1980 the State Government of Maharashtra served the detenu with an order of detention issued under sub-section (1) of Sec. 3 of the Act and directed that he shall be detained in the Central Jail, Nagpur. Along with the order of detention, he was served with the grounds for detention. The detenu through his solicitors letter dated March 8, 1980, addressed to the Under Secretary to the Government of Maharashtra, Home Department, Bombay made a request that all the documents, statements, and writings referred to and relied upon in the detention order, be furnished to him, to enable him to prepare or cause to be prepared his representation against such detention. It was received in the Home Department, Mantralaya, Bombay on March 10, 1980. On March 13, 1980, the Under Secretary to the Home Department forwarded the letter to the - Collector of Customs (Preventive), Bombay for his comments. On the basis of the request of the Home Department, the Assistant Collector of Customs addressed a letter to the Deputy Director of Directorate of Revenue Intelligence, Bombay on March 15 1980 for his comments. On March 18, 1986 the Assistant Director, Revenue Intelligence wrote a letter to the Assistant Collector of Customs conveying the decision of the Directorate of Revenue Intelligence to supply the detenu with copies of the documents on which the order of detention was, based, and the documents were forwarded for onward transmission to the Home Department for doing the needful. The letter was received by the Assistant Collector of Customs on March 19, 1980. On the same day, i. e. March 19, 1980, the Assistant Collector of Customs sent a letter to the Joint Secretary, Home Department (Special) conveying the decision of the Directorate of Revenue Intelligence to supply copies and also forwarded a set of documents for being supplied to the detenu