MUMTAZZ Vs. STATE OF TAMIL NADU REP

JUDGEMENT

(1.) ONE Mumtazz, mother of the detenu by name J. Mohamed Yousuf, challenges the impugned detention order dated 13. 10. 2004 of the first respondent, detaining her son under Section 3 (1) (ii) of the Conservation of Foreign Exchange and Smuggling Activities Act, 1974, (in short "cofeposa Act" ).

(2.) HEARD Mr. B. Kumar, learned senior counsel for the petitioner as well as the learned counsel for the respondents.

(3.) THOUGH several grounds have been raised challenging the impugned order of detention, Mr. B. Kumar, learned senior counsel appearing for the petitioner at the foremost contended that as the detaining authority has relied on the statement dated 09. 09. 2004 of one Haseena Banu, Wife of Zakir Hussain, who is a King Man in the alleged transaction, the detenu was not supplied with the copy of the same, which prevented him from making an effective representation and it infringes the rights under Article 22 (5) of the Constitution of India.