M. KUDUBDEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Art. 32 of the Constitution of India has been filed seeking quashing of order of detention dtd. 9/5/2002 passed under S. 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 whereby the petitioner has been ordered to be detained with a view to prevent him from smuggling goods in future.

(2.) THOUGH various grounds have been taken in the writ petition challenging the order of detention and continued detention of the petitioner, Mr. K.K. Mani, learned counsel for the petitioner, however, pressed only two grounds.

(3.) A perusal of the said document (front portion) shows that the material particulars therein are the name of the passenger, flight number, numbers of the packages, checked baggage, hand baggage, total value of the dutiable goods being imported and signature. All these particulars have been filled in that document. The name, flight number and number of packages have been mentioned in the document in question. Against the value of the goods tick mark has been made. The document has been signed by the detenu. In the face of the above details given by the detenu in the aforesaid declaration, the contention that the translation thereof has not been supplied particularly keeping in view that the reverse is in the Tamil language, is without any substance. Therefore, there is no merit in the contention that non-supply of the English (sic Tamil) translation of the document has resulted in depriving the petitioner from making an effective representation under Art. 22(5) of the Constitution of India. The first contention is therefore rejected.