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1995 Supreme(SC) 1194

B.L.HANSARIA, K.RAMASWAMY
Nutan J. Patel (Ms) – Appellant
Versus
S. V. Prasad – Respondent


Advocates:
B.KUMAR, G.Prabhakar, K.AMARESWARI, K.K.MANI

ORDER

1. Leave granted.

2. The detenu, Jayantibhai Rambhai Patel, was detained on April 1, 1992 under COFEPOSA Act. The appellant on behalf of her husband, filed a writ petition in A.P. High Court. The High Court in the first instance dismissed the writ petition. Subsequently two other detenues filed writ petition on the ground that copies of the documents supplied to the detenues were illegible and that they have been deprived of their valuable right to make a representation to the Advisory Board, to the State Government and the Central Government. That contention was found acceptable and, therefore, the detention order was quashed. Thereafter, the appellant filed another writ petition and contended that the detenu had not been informed of his right to make a representation to the Specified Officer under the Smuggling of Foreign Exchange and Manipulation of Forfeiture Goods Act. Therefore, he has been denied of the constitutional right under Article 22(5) of the Constitution. A Division Bench of the High Court under the impugned order dated March 10, 1993 made in Writ Petition No. 15974 of 1992 dismissed the writ petition on the ground that the detenu had known that he had a right t








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