JUDGMENT

TULZAPURKAR. J.:— By this petition for issuance of a writ of habeas corpus, the petitioner has challenged his fathers continued illegal detention under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act) and has sought his release.

2. A few facts giving rise to the petition may be stated. Bakshi Balraj Dutt, the detenu, was arrested and detained on July 11, 1980 pursuant to a detention order passed by the Administrator, Delhi Administration on July 9, 1980 under S. 3 (1) of the COFEPOSA Act. On the very date on which he was detained i.e. on July 11, 1980, grounds of detention running into 8 closely typed pages were supplied to him. However, copies of the documents and the statements relied upon by the detaining authority, on the basis of which the grounds of detention were made out, were served upon the detenu as late as on July 19, 1980. The detenu made an incomplete representation on July 26, 1980-incomplete because copies of documents referred to in the grounds were served on him on August 4, 1980. The detention was confirmed by the Central Government on Aug. 23, 1980 after obtaining the Advisory Boards opinion. It appears that on September 12, 1980 the detenu filed a writ petition by way of habeas corpus seeking release but the same was dismissed by this Court in limine on Sept. 24, 1980, Thereafter another representation, was made by the detenu through his wife to the detaining authority (the Administrator) in Jan. 1981 and that representation was disposed of by rejection on April 25, 1981. The present petition seeking release of the detenu has been filed by the petitioner on April 3, 1981.

3. It is well settled that the dismissal of the earlier writ petition of habeas corpus on Sept. 24, 1980 will not operate as a bar to the maintainability of the present writ petition and no point in that behalf was raised before me by counsel for the respondents.

4. Counsel for the petitioner has raised two contentions in support of the writ petition. In the first place he has contended that all the documents, whether relied upon or referred to in the grounds of detention, had not been supplied to the detenu along with the grounds of detention and such failure constituted a breach of the guarantee under Art. 22 (5) of the Constitution and since such failure has affected the right of the detenu to make a proper and effective representation any further detention in breach of the safeguard would be illegal. Secondly, it is contended that there has been an undue and unexplained delay of more than four months in the matter of consideration of the representation which the detenu had sent through his wife and further that the said representation has been disposed of by the detaining authority (the Administrator) by not applying its independent mind but after getting influenced by the Central Government decision in the matter. It is unnecessary for me to consider the second contention urged by counsel for the petitioner as, in my view, the first contention is sufficient to dispose of this habeas corpus petition.

5. It was not disputed before me that along with the grounds of detention which were served on the detenu on July 11, 1980, none of the documents, either relied upon or referred to in the grounds, were served upon him. Admittedly, the service of such documents was delayed up to July 19, 1980. It is obvious that those very documents must have formed the basis of making out the grounds of detention and ex hypothesi these documents were in existence and available for being served upon the detenu along with grounds of detention. Further, documents referred to in the grounds were served as late as on August 4, 1980, with the result that the detenu was required to send his incomplete representation which he did on July 26, 1980. Clearly the safeguard guaranteed under Art. 22 (5) of the Constitution was violated. In Kamla Kanyalal Khushalani v. State of Maharashtr