Judgment

FAZAL ALI, J.:- 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 the 27th October, 1980. The detenu was, however, arrested on the 29th October, 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 8-11-1980, 17-11-1980 and 20-12-1980. 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 Smt. Icchu Devi Choraria v. U. O. I., (1980) 4 SCC 531 and also in Kamla Kanahiyalal Khushalani v. State of Maharashtra, Criminal Writ No. 5873 of 1980 decided on 6-1-1981: (reported in 1981 Cri LJ 353 (SC)).

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.

Petition allowed.

For Citation : AIR 1981 SC 871