Bombay High Court
Sunil Jivabhai Mehta
Versus
State of Maharashtra and another
Decided On:

Headnote:Section 3(1)-See Constitution of India, Article 22(5).

       Article 22(5)-Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1)-Detention-Detaining authority failed to Inform detenu about his right of representation to detaining authority-It results into rendering continuance of detention unconstitutional and illegal.

       Under the facts and circumstances the detaining authority having not informed the detenu that he has a right of making a representation to the detaining authority and that the detenu, therefore, having not made any representation to the detaining authority, the valuable constitutional safeguard in favour of the detenu under the provisions of Article 22(5) of the Constitution of India has been rendered nugatory. This must result into rendering the continuance of detention of the detenu unconstitutional and illegal.

       For Citation : 1996(1) B Cr C 429 (Bom)