The non-disposal of a representation made to the central government under Section 3 of the COFEPOSA Act, 1974, violates the right guaranteed under Article 22(5) of the Constitution and renders the continued detention of the person bad.

( 1 ) THIS writ petition filed under Article 32 of the Constitution challenges the order of detention passed under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities act, 1974 whereby the petitioner was detained for preventing him from carrying on smuggling activities set out in the grounds in support of the order of detention dated 29/4/1999.

( 2 ) ONE of the grounds on which the detention order is challenged is that the representation made by the wife of the detenu to the central government has not been disposed of till date. The receipt of the representation dated 7/6/1999 was denied on behalf of the central government. Consequently, this court passed the following order on 17/11/1999: "learned counsel for the petitioner prays for and is allowed one weeks time to file an additional affidavit annexing therewith the document indicating that the representation sent by the wife of the detenu to the secretary in the central government was duly received by the addressee (the secretary ). The respondents shall have a weeks time thereafter to file the replies. List after three weeks on a non-miscellaneous day. "

( 3 ) AN additional affidavit has been filed by the wife of the petitioner in which it is inter alia stated as under: " (4) I submit that I have sent the representation dated 7/6/1999 as instructed by my husband for his release to the secretary to the central government, ministry of Finance, Janpath Bhavan, 6th floor, b Wing, New Delhi by Speed post along with Proof of Delivery Card, on 8/6/1999 from Egmore Post Office, chennai-8, Tamil Nadu under Receipt n0. 0486, dated 8/6/1999. (5) I submit that my representation dated 7/6/1999 sent on 8/6/1999 by speed Post was received by the secretary to the government of India, Ministry of Finance, New Delhi, Janpath bhavan, 6th floor, b Wing, New Delhi- 110001 on 9/6/1999. Further Speed post Centre, Chennai have certified that the Speed Post was delivered to the addressee on 9/6/1999. True xerox copy of Speed Post Receipt No. 0486 dated 8-6-99 issued by the Egmore post Office and the xerox copy of the proof of Delivery Card and the Communication received from the Postal Authorities are filed herewith as Annexure -P3 (Colly. ). From the above it is evident that the representation dated 7/6/199999 was sent by me on 8-6-99 to the secretary to the government of India, ministry of Finance, Department of Revenue, new Delhi- 110001 on 9/6/1999. Therefore, the denial of the receipt of the representation dated 7-6-99 is totally incorrect and wrong. "

( 4 ) THE relevant documents, namely, the consumer Receipt indicating that the representation was sent on 8/6/1999 by speed Post, the letter dated 20/7/1999 from Deputy Manager (Customer Services), speed Post Centre, Madras saying that the Speed Post Item No. 0486 dated 8/6/1999 was delivered to the addressee on 9/6/1999 as also the delivery card has been filed with this affidavit. In the additional counter affidavit on behalf of Union of India, it is stated as follows: "4. That in reply to the averments made in paragraphs 4 and 5 of the additional affidavit filed in Writ Petition (Cri.) No. 193 of 1999, it is submitted that the purported representation dated 07/06/1999 said to be addressed to the central government has not been received in the central Registry of the Ministry of Finance, Department of Revenue, hence the said representation was not received in the cofeposa Unit of the Ministry. No other representation has also been received by the central government till date. "

( 5 ) IT will be seen that the initial denial about the receipt of representation is maintained even in the additional affidavit dated 1/12/1999.

( 6 ) IT was mentioned in the grounds of detention that if the petitioner wished to make a representation against the order of detention, he could address it to the secretary to government of India, Ministry of Finance, Department of Revenue [cofeposa SECTION], central Economic intelligence Bu