(1) SPECIAL leave granted.

(2) THIS an appeal from the decision of the High court of Delhi, dated 30/11/1988. The High court dismissed the criminal writ petition on the ground that there was no violation of the procedural safeguards in this case. The appellant has been detained under an order dated 9/06/1988 under S. 3(1 of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974.

(3) IT appears that the appellant had asked for certain copies of the documents which admittedly were there with the respondent - Union of India. Copies of the documents were supplied, but the same were not legible. This position is also apparent. It is not necessary in the facts of this case to go into the question whether these documents were relevant or material.

(4) IN view of the fact that the copies of the documents were, in fact, supplied at the request of the appellant, but the copies supplied were illegible, we are of the opinion, that the safeguards provided by the Constitution have not been followed. In that view of the matter the decision of the High court cannot be sustained and, therefore, is set aside. The order of detention dated 9/06/1988 is quashed and the appellant be set at liberty unless he is required in respect of any other proceedings.

(5) THE appeal is disposed of accordingly.