SINGARAVELU BALU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ONE Singaravelu Balu, who was detained under Section 3 (1) (i) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the COFEPOSA Act") challenges the detention order dated 20-8-2004 passed by the first respondent on various grounds.

(2.) HEARD Mr. I. Subramanian, learned senior counsel for the petitioner; Mr. A. Kandasamy, learned Addl. Public Prosecutor for respondents 1 and 3 and Mrs. Vanathi Srinivasan, learned Additional Central Government Standing counsel for 2nd respondent.

(3.) MR. I. Subramanian, learned senior counsel for the petitioner, after taking us through the grounds of detention and all other connected materials, has raised the following contentions: (i) Inasmuch as the detenu knows only Tamil language, in the absence of supply of Tamil version of customs declaration form to the detenu, he is prevented from making effective representation, and on this ground the detention order is liable to be set aside. (ii) Regarding arrest of the detenu was not properly intimated to his family members. On the other hand, learned Additional Public Prosecutor representing respondents 1 and 3 would submit that all the required relied on documents were furnished to the detenu in the language known to him and his family member was also intimated regarding his arrest; hence there is no flaw in the procedure followed.