IMPORTANT POINT
In response to the Rule Nisi a counter affidavit should normally be filed by the detaining authority himself.

Judgment

S. RATNAVEL PANDIAN, J.:- This appeal by grant of special leave is directed against the order of the High Court of Rajasthan at Jodhpur in Habeas Corpus No. 2866/1989 dismissing the writ petition filed by the detenu Gazi Khan alias Chotia.

2. The order of detention dated 30-5-1989 under challenge has been passed by the Administrative Secretary and Commissioner, Home Department, State of Rajasthan in exercise of powers under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989  (for short the Act) on reaching his subjective satisfaction that the detenu has been involved in illegal business of smuggled charas and heroin and other psychotropic substances.

3. The relevant facts as set out in the grounds of detention giving rise to this appeal may be recapitulated as follows:

The detenu Gazi Khan alias Chotia was actively involved in illegal and objectionable activities by organising a group of smugglers and financing them in the activities of smuggling without directly involving himself in such activities. However, the police of Jaisalmer has opened a history sheet showing the indirect involvement of the detenu in such smuggling activities. The modus operandi of the detenu is revealed in the statements recorded under Section 108 of the Customs Act from a number of smugglers who were apprehended in the course of smuggling. On 3-11-1986 the detenu has himself given a statement before the Customs Officer admitting his involvement in smuggling of readymade garments and bidis. He was suspected in offence No. 32 dated 30-3-1988 as well in offence No. 17 dated 17-4-88 under the provisions of the Act as well under Section 25 of the Arms Act. But since no evidence was available incriminating the detenu with those offences no action could be taken. Further the detenu is, said to have been involved along with his associates in certain criminal cases registered under the provisions of the Indian Penal Code. The detaining authority on the above materials placed before him has passed this impugned order. The High Court before which he challenged the impugned order of detention on various grounds has dismissed the writ petition holding that all the contentions did not merit consideration. Hence this appeal.

4. The learned Counsel appearing on behalf of the appellant, raised several contentions, the main thrust of which being that the representation made by the detenu was not decided within a reasonable time and hence the delay is fatal to the detention. This point has been taken even before the High Court. But the High Court accepting the explanation given by the Deputy Superintendent of Police, Jaisalmer in his additional affidavit filed on behalf of the respondents spurned that plea observing:

"In the present case as from the facts mentioned in the additional affidavit and referred to above, it cannot be said that there was undue lethargy or indifference."

Under Group No. (d) of paragraph 16 of the Special Leave Petition, a contention is raised with regard to the delay of disposal of the representation stating that

"the extraordinary delay of 27 days in consideration of representation of the petitioner is sought to be explained by mere ipse dixit of the detaining authorities who merely rest content with the skeletal chronology of days taken allegedly by several authorities with copies of unexplained silence about why actually several days as alleged by authorities were taken to process and consider the representation of petitioner."

5. Before this Court a reply is filed by the Deputy Superintendent of Police, Jaisalmer stating that he is "appointed as Officer In charge in this case" and that he is replying to the allegations made in the Special Leave, Petition with reference to the record connected with this case. In paragraph 15(d) of his reply, it is averred that "there is no delay in the consideration of representation of the petitioner". The same Deputy Superintendent of Police in an additi