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2002 Supreme(SC) 2256

Y.K.SABHARWAL, K.G.BALAKRISHNAN
M. Kudubdeen – Appellant
Versus
Union of India – Respondent


ORDER :

Y.K. Sabharwal, K.G. Balakrishnan, JJ.

This petition under Article 32 of the Constitution of India has been filed seeking quashing of order of detention dated 9th May, 2002 passed under Section 3(1)(i) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 whereby the petitioner has been ordered to be detained with a view to prevent him from smuggling goods in future.

2. Though various grounds have been taken in the writ petition challenging the order of detention and continued detention of the petitioner, Mr.KK Mani, learned counsel for the petitioner, however, pressed only two grounds.

3. The first ground pressed by learned counsel is about the non-supply of documents in the language known to the petitioner which, it is claimed, has adversely affected detenu's valuable right of making effective representation under Article 22(5) of the Constitution. Detenu claims to have studied upto fifth standard. He does not know to read, write and understand English and claims to know only 2 Tamil language. The documents whereof the English translation has not been supplied to the detenu is a custom declaration. According to the facts noticed in the ground

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