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2008 Supreme(SC) 1676

AFTAB ALAM, P.SATHASIVAM, ARIJIT PASAYAT
State of Tamil Nadu – Appellant
Versus
Abdullah Kadher Batcha – Respondent


Advocates appeared:
For the Appellant :T.L.V. Iyer, Sr. Adv., V.G. Pragasam, Advocates.
For the Respondents:K.K. Mani, C.K.R. Lenin Sekar, Mayur R. Shah, Ms. Rajni Singh and B. Krishna Prasad, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment rendered by a Division Bench of the Madras High Court quashing the order of detention passed under the provisions of Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the ‘Act’) in respect of one Abdullah Kadher Batcha (hereinafter referred to as the ‘detenu’) who was directed to be detained. The order of detention was passed on 11.8.1999. The detenu made a representation on 4.9.1999. It is the stand of the detenu that he had sought for some documents including the judgment passed by the High Court in Writ Petition No.13514 of 1999 which was dismissed on 10.8.1999. The Writ Petition was filed by the detenu on the apprehension that he may be detained under the Act. In the representation the detenu made a reference to the judgment dated 10.8.1999 and also to the writ petition. It was pointed out in paragraph 7(x) that in order to make the effective and meaningful representation, the detenu requires the copy of the order passed by the High Court. A request was made to supply the copy at an early date. It was stated in the rep














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