The grounds of detention were also served on him on the same date.
The Minister is said to have been authorised to deal with the representation of detenus by a Standing Order made by the Chief Minister on December 3, 1979.
On November 14, 1979, the detenu made a representation to the detaining authority, in which he inter alia asked for supply of the companyies of documents and statements relied upon in the grounds of detention.
On October 2, 1979, an order of detention passed under Section 3 1 of COFEPOSA by Shri Pradhan, the Secretary to Maharashtra Government in the Home Department, was served on him.
On the other hand, it was mechanically sent for remarks to the customs Department on November 18, 1979, and thereafter the report of the Customs Department was received by the State Government on November 28, 1979.
168 of 1980.
by a Bench of three learned Judges and Tara Chand v. The State of Rajasthan Ors.
In the meantime, the Advisory Board met and companysidered the representation of the detenu and made a report to the Government on December 6, 1979 for approval of the detention.
The said Minister had dealt with the representation and rejected it after the Board had made its reports to the Government.
The Minister of State was number companypetent to dispose of the representation of the detenu, because the Order dated December 3, 1979, made by the Chief Minister did number invest him with the necessary authority to dispose of the representation.
The representation has number been dealt with expeditiously by the State Government.
The application of the detenu for obtaining companyies of the relevant documents was improperly rejected, and as a result, he has been deprived of his companystitutional right of making an effective representation.
Under Article 32 of the Constitution Harjinder Singh for the Petitioner.
W. P. Crl No.
The detenu was in the custody of the Customs when on September 8, 1979, he was produced before the Metropolitan Magistrate, Esplanade Court, Bombay and was remanded to judicial custody and later on granted bail by the Sessions Judge by an order, dated September 28, 1979.
ORIGINAL JURISDICTION Writ Petition No.
The representation of the detenu was number dealt with by Shri Pradhan, but by the Minister of State in the Home Ministry of the State Government, and was rejected on December 10, 1979.
1639 of 1979, decided on February 13, 1980, by a Bench of two learned Judges .
The Judgment of the Court was delivered by SARKARIA, J. This is a writ petition filed by one Sabir Ahmed to challenge the detention of his brother, Dawood Hasan Sheikh Ibrahim, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA .
N. Shroff for the Respondent.
