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2002 Supreme(Del) 860

V.S.AGGARWAL, B.A.KHAN
SUSHILA AGGARWAL – Appellant
Versus
UNION OF INDIA – Respondent


B. A. KHAN

( 1 ) PETITIONER s husband, Pawan Kumar, was first arrested on 16. 7. 2001 u/s 132 and 135 of the Customs Act and was later let off on bail and finally detained vide detention order dated 9. 10. 01 passed u/s 3 (1) of copeposa to prevent him from smuggling goods in future. This order was served on him on 10. 10. 2001, but grounds of detention and other relied upon documents were, however, supplied to him on 20. 10. 2001 within 11 days instead of ordinarily within five days from the date of detention as prescribed by Section 3 (3 ). He made a representation against the detention which was rejected. His case was REFERRED TO to the Advisory Board which affirmed his detention and which was finally approved by the Government.

( 2 ) THE detenu s detention is sought to be primarily challenged on :-

(I) that grounds of detention and relied upon documents were supplied to the detenu five days later and that no exceptional circumstance existed or was shown thus infringing mandate of Section 3 (3 ).

(II) that Hindi translation of some of the documents was not supplied to him making it difficult for him to make an effective representation against his detention; and

(III) that detention





















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