RABIYATHIL PATHAVIA Vs. STATE GOVERNMENT OF T N

JUDGEMENT

(1.) THE order of preventive detention was clamped on the husband of the petitioner under Section 3(1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974) by the first respondent in G.O. No. SR. I/981-4/2000, dated 17.8.2000 for misdeclaration of Imported goods, which according to the detenu is Rs.4,90,000, whereas according to the Revenue Department it is Rs.17,41, 800, is under challenge in this habeas corpus petition on the ground that after passing of the detention order, additional, documents were served on the detenu on 6.9.2000 and 13.9.2000 without any covering letter and without any translation of these document's, thereby, vitiating the order of detention.

(2.) IT is not in dispute that the following documents were supplied to the detenu without Tamil translation and without mentioning the purpose for which it is supplied:

(3.) IN the light of the aforesaid discussion, we allow this habeas corpus petition, quash the order of detention passed, against the detenu and direct that he be set at liberty forthwith it not wanted in connection with any other case.