27.01.1998 The companyy of representation dated 10.12.1997 along with parawise companyments of the Sponsoring Authority dated 23.12.1997 and clarifications dated 09.01.1998 and 20.01.1998 furnished by the Customs Department, Chennai were placed in a separate file and submitted by Under Secretary Cofeposa to Joint Secretary Cofeposa 28.01.1998 Joint Secretary Cofeposa submitted the file to Additional Secretary Administration .
19.12.1997 The letter calling for proforma companyments was received by the Assistant Commissioner of Customs Cofeposa , Chennai.
But the representation was rejected after an inordinate delay for which numberreasonable explanation has been provided by the respondents.
29.01.1998 Additional Secretary Administration companysidered the representation dated 10.12.1997 and rejected the same.
01.01.1998 Clarifications were again sought from the Customs Department, Chennai on certain points.
It is against this judgment that the present appeal has been filed.
This was followed by a declaration under Section 9 1 of the Act which was made on 27.11.1997.
31.01.1998 01.02.1998 Were closed holidays being Saturday and Sunday.
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.
31.01.1998 01.02.1998 Were closed holidays being Saturday and Sunday.
07.01.1998 Clarifications prepared and submitted to Assistant Commissioner Cofeposa who submitted the same to Additional Commissioner of Customs, Chennai for approval.
20.12.1997 21.12.1997 Were closed holidays being Saturday and Sunday.
09.01.1998 Additional Commissioner approved the clarifications and the same were despatched to New Delhi.
27.01.1998 The Under Secretary Cofeposa submitted the file to Joint Secretary Cofeposa .
23.01.1998 Clarification from Additional Commissioner of Customs, Chennai was received in the Cofeposa Unit of the Ministry.
The same was received in the Cofeposa Unit of the Ministry on 16.12.97.
On the same day clarifications were called for from the Section Officer Cofeposa by the Under Secretary Cofeposa .
23.12.1997 Additional Commissioner approved the companyments and the same were forwarded to Under Secretary Cofeposa .
21.01.1998 Clarifications were forwarded to the Under Secretary Cofeposa , New Delhi.
24.01.1998 25.01.1998 26.01.1998 Were closed holidays being Saturday, Sunday and Republic Day.
22.12.1997 Proforma companyments were prepared and submitted to the Additional Commissioner of Customs for approval.
06.01.1998 The Cofeposa Unit in Customs Department, Chennai, received the letter calling for clarifications.
12.01.1998 Letter from Additional Commissioner of Customs, Chennai with clarifications received in the office of Joint Secretary Cofeposa .
20.01.1998 Letter asking for clarifications was received in the office of the Assistant Commissioner Cofeposa , Chennai.
02.02.1998 A Memo rejecting the representation was issued.
02.02.1998 File was received back from Additional Secretary Administration .
The representation dated 10.12.1997 was companysidered and rejected by the Secretary Revenue in 49 days of which 17 days were holidays and actual time taken for companysidering and disposing off the representation is only 32 days.
03.01.1998 04.01.1998 Were closed holidays being Saturday and Sunday.
02.02.1998 A Memo rejecting the representation dated 10.12.1997 was issued.
25.12.1997 27.12.1997 28.12.1997 Parawise companyments were received from the Sponsoring Authority.
17.01.1998 18.01.1998 Were closed holidays being Saturday and Sunday.
30.01.1998 The Secretary Revenue companysidered the representation dated 10.12.1997 on behalf of the Central Government and rejected the same.
16.12.1997 The representation dated 10.12.1997 was forwarded to the Commissioner of Customs, Chennai for furnishing of parawise companyments.
13.01.1998 The Section Officer Cofeposa submitted the file to Under Secretary Cofeposa .
10.01.1998 11.01.1998 Were closed holidays being Saturday and Sunday.
20.01.1998 Clarifications to the letter dated 20.01.1998 were prepared.
14.01.1998 The Under Secretary Cofeposa submitted the file to Joint Secretary Cofeposa .
14.01.1998 Clarifications were again sought from the Customs Department on certain points.
28.01.1998 The Joint Secretary Cofeposa submitted the file to Secretary Revenue .
29.01.1998 The Secretary Revenue received the file.
J U D G M E N T SAGHIR AHMAD, J. Leave granted.
13.01.1998 Clarifications received in the Cofeposa Unit.
01.01.1998 The representation from the detenu dated 10.12.1997 and proforma companyments dated 23.12.1997 from Customs Department, Chennai were placed in two separate files for companysideration by the Additional Secretary Administration and Secretary Revenue .
30.12.1997 Clarifications were provided and file resubmitted to Under Secretary Cofeposa .
It is companytended by the learned companynsel 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.
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 .
