1992 CRI. L. J. 913 ::1992 CriLR(SC MAH GUJ) 130 ::(1991) 4 Bom CR 378 ::1992 (2) Crimes 56 ::(1993) 1 EFR 83

Bombay High Court

Hon'ble Judge(s): S. W. Puranik, D. J. Moharir , JJ

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (52 of 1974) , S.3(1)— Representation of detenu - Detenu at the bottom of representation making a request that copy of his representation should be sent for consideration to the Central Government - Failure to do so would invalidate the order of detention. Constitution of India , Art.22(5)— 1991 Cri LJ 2713, Rel. on. The spirit of the legislation as well as Art. 22(5) of the Constitution of India has to be borne in mind in dealing with cases affecting the personal liberty of an individual. Art. 22(5) enjoins upon the authorities to afford a detenu the earliest opportunity of making a representation. Where, therefore, a detenu in his representation makes a request that his representation may also be considered by some other authority indicated by him, it is the bounden duty of the said authority who has received the representation, to forward a copy thereof to the concerned authority indicated therein. Whether it is addressed at the head of the representation or whether a request is made at the bottom of the representation, it is just a mere formality of expressing the intention of the detenu in respect of the authority who should consider the representation.(Para 6) .....