KANNAN Vs. STATE OF TAMIL NADU REP

JUDGEMENT

(1.) The detenu, who was detained under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) challenges his detention order dated 24.5.2004 passed by the first respondent.

(2.) Heard the learned counsel for the petitioner as well as the respondents.

(3.) Though several points have been raised questioning the impugned order of detention, the learned counsel appearing for the petitioner at the first and foremost contended that though by order dated 14.5.2004, the remand of the detenu was extended upto 28.5.2004, a copy of the said remand extension order dated 14.5.2004 was not furnished to the detenu. It is also the claim of the learned counsel for the petitioner that inasmuch as the Detaining Authority has relied on the above document, while passing the order of detention, failure to supply the copy of the remand order vitiate the impugned order of detention. While elaborating the above said contention, the learned counsel for the petitioner has brought to our notice, Sl.No.33 in the List of Documents supplied to the detenu, which specifically states that the petition dated 14.5.2004 was filed before the Chief Judicial Magistrate, Coimbatore for extension of remand of the detenu and order of the Court in English with Tamil translation. The above referred index portion makes it clear that there was not only a petition dated 14.5.2004 for seeking extension of remand but it also shows that an order of the Court was passed extending the period of remand upto 28.5.2004.