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Smt. Taramati Chandulal Sejpal Vs. State of Maharashtra and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Writ Petition No. 6447 of 1980
Judge
Reported inAIR1981SC871; 1981CriLJ445; (1981)2SCC17; 1981(13)LC146(SC)
ActsConservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974, (COFEPOSA) - Section 3(1)
AppellantSmt. Taramati Chandulal Sejpal
RespondentState of Maharashtra and anr.
Excerpt:
- [ a. varadarajan and; s. murtaza fazal ali, jj.] -- preventive detention — representation — detenu, held, deprived of his right of representation by delayed supply of some of the documents relied upon in the order of detention — detention rendered void — constitution of india, article 22(5) -- the detenu was, however, arrested on october 29, 1980 when the grounds of detention were served on him, but some documents relied upon in the order of detention were not supplied to the detenu as part of the grounds along with them. for these reasons the writ petition is allowed and the continued detention of the detenu being void the detenu is directed to be released forthwith......ali, j.1. this habeas corpus petition has been filed by the wife of the detenu on his behalf. the detenu was arrested under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 and the order of detention was passed on october 27, 1980. the detenu was, however, arrested on october 29, 1980 when the grounds of detention were served on him, but some documents relied upon in the order of detention were not supplied to the detenu as part of the grounds along with them. on the other hand the documents were supplied to the detenu in three instalments on november 8, 1980, november 17, 1980 and december 20, 1980. thus the detenu was deprived of the opportunity of making an effective representation as held by this court. it is manifest that the.....
Judgment:

S. MURTAZA FAZAL ALI, J.

1. This habeas corpus petition has been filed by the wife of the detenu on his behalf. The detenu was arrested under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the order of detention was passed on October 27, 1980. The detenu was, however, arrested on October 29, 1980 when the grounds of detention were served on him, but some documents relied upon in the order of detention were not supplied to the detenu as part of the grounds along with them. On the other hand the documents were supplied to the detenu in three instalments on November 8, 1980, November 17, 1980 and December 20, 1980. Thus the detenu was deprived of the opportunity of making an effective representation as held by this Court. It is manifest that the order of detention is rendered void and this case is clearly covered by a series of decisions of this Court particularly in Icchu Devi Choraria v. Union of India1 and also in Kamla Kanyalal Khushalani v. State of Maharashtra2.

2. For these reasons the writ petition is allowed and the continued detention of the detenu being void the detenu is directed to be released forthwith.


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