T S KHADEEROON Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) ONE Khadeeroon, wife of the detenu by name Tappa Shaik Shabbeer, Challenges the detention order dated 22. 11. 2004 of the first respondent herein, passed under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974 ).

(2.) AFTER taking us through the grounds of detention and all other connected materials, learned counsel for the petitioner has raised the following contentions: i) The document, which was received by the detenu on 07. 12. 2004, is in English and it was sent to him without covering letter. According to the learned counsel, in the absence of covering letter, the detenu was unable to understand the purpose for which the said document was supplied to him. He also contended that the detenu, being conversant only with Telugu and not knowing English, in the absence of supply of translated copy of the said document, he was not only prejudiced but could not make effective representation, hence, the said course is violative of Article 22 (5) of the Constitution of India. II) Though the detenu was arrested on 09. 11. 2004, the arrest was intimated to his wife only on 19. 11. 2004 and the same is in violation of the principles laid down by the Supreme Court in D. K. Basu vs. State of West Bengal (1997 (1) SCC 416 ). II (a ). On the other hand, learned Additional Public Prosecutor, while submitting that there is no flaw in the grounds of detention, wound contend that all the procedural aspects were strictly followed and complied with and that there is no ground for interference.

(3.) WE have carefully considered the materials placed and the rival submissions made by the respective counsel.