Non-supply of material documents referred to and relied upon in the grounds of detention violates Article 22(5) of the Constitution and vitiates the detention order.

REGE, J. :- This is a petition under Art.226 of the Constitution of India by a detenu detained under the detention order dated 20th Feb., 1981 made under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of 1974 (hereinafter referred to as COFEPOSA ACT).

2. The petitioner was served with the order of detention on 20th Feb., 1981. Along with the detention order he was served with the grounds of detention and copies of certain documents relied upon in the grounds.

3. The grounds of detention concern an incident of smuggling silver out of India. A consignment supposed to con-tain electronic goods was sent by one New Era Electronics, Seepez Zone. Marol Andheri to M/s. New Era Gems Co., Hongkong. The consignment arrived at Honkong by British Airways A.B. 003. On arrival it was found that instead of containing electronic goods, for which it was declared, it contained silver weigh-ing 194 kgs. in the form of 248 silver bars valued at H.K.S. 684 equivalent to Rs. 11 lacs approximately. As a result, the consignment was confiscated.

4. Investigations disclosed that there was in fact no company by the name of New Era Electronics at Seepez who had consigned the said package from Seepez Zone Marol, Andheri (E), Bombay. The investigations, therefore, started from the point of issue of Airways bill. The principal agents for the airways bills were M/s. B.V.C. Travel Agency and the sub-agents were M/s. Air Ways Travel and Cargo. In the course of fur-ther inquiries on 20th Nov. 1980, the offi-ces of the travel agents were searched, certain documents were seized and the statements of one Amladi of B.V.C. Travel Agency and of one Mr. Pradeep Vipani of the sub-agents M/s. Air Ways Travel Cargo were recorded. Both of them were also subsequently arrested. In the course of further investigations, the business premises and registered office of M/s. New Era Gem Company, Hongkong were searched and it was found that the office belonged to the detenu who was then in India but who had left behind his business permit for being used by his nephew Mohamed Ismail who carried on the business in the name of M/s. New Era Gems Co., Hongkong. In the course of investigation statements of various persons including the detenu were recorded by the customs authori-ties. The detenu was thereafter arrested on 3-12-1980, and was produced before the Metropolitan Magistrate and released on bail. While the said proceedings were pending, the detenu was served with the impugned detention order dated 20-2-1981 along with the grounds of detention and copies of various documents on which the detaining authority is supposed to have relied in passing the detention order.

5. From amongst various contentions challenging the detention order taken up in the petition, the main contention raised by the learned counsel for the peti-tioner, found in ground (k), of the petition was the non-supply of copies of some of the material documents referred to and relied upon by the detaining au-thority in the grounds of detention. For that purpose he referred to grounds in para 5 of the grounds of detention. The said para 5 of the grounds is as under :

"Further enquiries made revealed that the Airway Bill was given by M/s. B.V.C. Travel Agency to their sub-agents M/s. Airway Travel and Cargo, 1 Parsiwada Sahar Road, Andheri (E), Bombay-99. Thereafter the premises of both M/s. B.V.C. Travel Agency as well as M/s. Airway Travels and Cargo were searched on 4-11-1980 and cer-tain incriminating documents were recovered. The statement of Shri Shashi Amladi, an employee of M/S. B.V.C. Travel and Shri Pradeep Vipani were recorded. According to the state-ments dated 20-11-1980 of Shri Pradeep Vipani Proprietor of M/s. Airway Travel and Cargo the Airway Bill of the con-signment was prepared by him. Both these persons were arrested on 27th Nov. 1980 and released on bail by the Chief Metropolitan Magistrate, Bombay on 1-12-1980."

6. It is not disputed that the copies of the statemen