HAMEED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the father of the detenu by name Hameed mohamed Rizwi, who was detained by the impugned proceedings dated 31-3-2005 under Section 3 (1) (i) of the Conservation of foreign Exchange and Prevention of Smuggling activities Act, 1974 (Central Act 52 of 1974 ).

(2.) HEARD Mr. B. Kumar learned Senior counsel for Petitioner, learned Additional public Prosecutor for R-1 and learned Additional central Government Standing Counsel for R-2.

(3.) EVEN at the outset, learned Senior counsel appearing for the petitioner contended that though the Detaining Authority has relied upon that the detenu involved in two previous customs offences and registration numbers were furnished, yet, no document of any such particulars has been given. Inasmuch as the detenu is entitled to get those particulars, the Detaining Authority seriously erred in not giving the details sought for by the detenu. According to him, this has violated the mandate provided under article 22 (5) of the Constitution of India. With reference to the said claim, it is brought to our notice that at the end of paragraph no. (vii) of the grounds of detention, the Detaining Authority has stated,