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 Exports Allied Agencies' and Himmatlal S. Javeri is looking after the affairs of both the concerns. As a result of the said search certain documents were seized from the office of .M/s Vikram Exports -Allied Exports. During the course of search of M/s Vikram Exports Allied Agencies one person aged about 25 years came to the place of search with a plastic bag. When questioned by the officers about the purpose of his visit and contents of the plastic bag he stated to the officers on the spot that the bag contained Indian currency of Rs. 2 lakhs were sent by you staying at 32/34, Bombay Chambers, 1st Manne Street, Bombay 2. The person also gave his name as Mohamed Ramees. He also stated that the said amount of Rs. 2 lakhs were sent for delivery to Himatlal S. Jhaveri of M/s. Kashyap Chemicals Industries as payments as per the instructions from abroad. Thereafter as the officers searched the person of the said Mohamed Ramees in the presence of panchas. As a result of the said search a small chit containing the address of M/s. Kashyap Chemical Industries was recovered and seized from his shirt-pocket by the officers of the Bombay office and from the plastic bag Rs. 2 lakhs were recovered and seized. Immediately your premises at Bombay Chambers were searched by the officers of the Enforcement Directorate, Bombay Zone on 14th February, 1984 but nothing was seized.”

Thereafter in para 14 again a reference is made to this chit wherein it is stated that Mohamed Ramees has stated that the seized chit was given to him by the detenu for identifying the shop. In para 5 sub-para (vi) of the petition, averments in this are made on the following terms:

"The petitioner submits that the detenu had given any sum of money to Mohamed Ramees for paying the said amount to Himmatlal S. Jhaveri. The petitioner denies that the chit containing the address of M/s. Kashyap Chemical Industries which was allegedly recovered from the shirt pocket of the said Mohamed Ramees bears the detenu's handwriting and that it was given by him to Mohamed Ramees. The Petitioner says and submits that no effort whatsoever has been made by the sponsoring authorities to get the handwriting expert's opinion as to whose handwriting the said chit bears. The petitioner says and submits that the said chit having been referred to and relied upon by the detaining authority and the same in any case having influenced the mind of the detaining authority, a copy of the said chit ought to have been furnished to the detenu. The petitioner says and submits that not only a copy of the said chit was not furnished to the detenu along with the grounds of detention but the same has not been furnished to the detenu even till this date. The copy of the said chit not having been furnished to the detenu, it is violative