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1985 Supreme(Bom) 58

C.S.DHARMADHIKARI
S. Abdul Cader – Appellant
Versus
Union of India – Respondent


JUDGMENT

Dharmadhikari, J. - In this writ petition the order of detention issued on 3rd of August 1984 as well as the continued detention of the detenu Shri S.M.A. Hidayatullah alias Haider is challenged on various grounds. However, it is not necessary to make a detailed reference to the various contentions raised in this petition, since in our view the detenu is entitled to be released on a short ground that a copy of material and vital document referred to and relied upon by the detaining authority in the grounds of detention was not supplied to the detenu, which was. obviously violative of article 22 (5) of the Constitution of India.

2. In this context it is pertinent to note that in para 11 of the grounds of detention a reference is made by the detaining authority to a chit seized from one Mohamed Ramees. Para 11 of the grounds of detention reads as under :

"11. Act on the information, the office of M/s. Vikram, Exports Allied Agencies and M/s Kashyap Chemical Industries were searched under section 37 of Foreign, Exchange, Regulation act, 1973 on 14th, February 1984, M/s. Kashyap Chemical Industries were also searched because it is situated in the same premises of M/s. Vikram Ex







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