The period of detention has been fixed for one year as per the order dated 16 1 1991 with effect from 27 10 90.
This ground is met by the first respondent in his companynter stating as follows As regards Ground VIII, it is submitted that the representation dated 27 11 90 from the detenu was received in the COFEPOSA Unit only on 4 12 90.
That very day it was placed before the Joint Secretary COFEPOSA who directed that parawise companyments may be called for from the sponsoring authority.
The detenue was informed of rejection of her representation by a memo issued on 3 1 91 itself.
As the facts of the case which necessitated the detaining authority to pass this detention order are well set out in the grounds of detention, we think that it is number necessary for us to reiterate the same.
The companycerned officer submitted the case file to JS COFEPOSA on 3 1 91 who companysidered and rejected the same on that day.
The representation of the petitioner sent on 23 11 90 said to be dated 27 11 1990 was disposed of on 3 1 1991 after a delay of 1 month and 6 days.
The companyments were received on 1 1 91.
The said companytention as set out under Ground No.
A letter was issued to the sponsoring authority that very day asking for the companyments.
Challenging the validity of the order, the learned Counsel appearing on behalf of the petitioner detune pressed only one companytention that there has been undue and unexplained delay in disposing the representation made by the detenue to the first respondent.
VIII in the writ petition reads as follows It is submitted that there is companysiderable delay in disposal of representation by the Central Government.
The detenu, namely, Mrs. Julia Jose Mavely, who is number lodged in the Central Prison, Thiruvananthapuram, has filed this petition under Article 32 of the Constitution of India challenging the validity of the order of detention passed by the second respondent, the State of Kerala in exercise of powers companyferred by Sections 3 1 i and 3 i iii of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the Act directing the petitioner detune to be detained and kept in custody in the abovesaid prison with a view to preventing the detenu from smuggling goods and engaging in transporting or companycealing or keeping smuggled goods.
