S KADER MOHIDEEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner by name S. Kader Mohideen, challenges the impugned order of detention dated 15. 12. 2005, detaining him 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 the learned senior counsel for the petitioner as well as learned Additional Public Prosecutor for respondents 1 and 3 and Mr. P. Kumaresan, learned Additional Central Government standing counsel for R. 2.

(3.) MR. B. Kumar, learned senior counsel appearing for the petitioner, after taking us through the grounds of detention and all other connected materials, mainly contended that the detenu knows to read and write only in Tamil and in view of several discrepancies in the documents supplied, he was confused while making an effective and meaningful representation against the detention order, and therefore, the impugned detention order is vitiated. In order to substantiate his contention, learned senior counsel has brought to our notice the English version of the reply dated 06. 12. 2005 of the Ministry of Finance, Department of Revenue, Directorate of Revenue Intelligence, Chennai 17 and the Tamil version of the same. In para 6 of the English version of the said reply it is stated, in view of the foregoing and on the facts and circumstances as borne out by the records, your claim of innocence appears to be unsustainable. In Tamil, the said version has been translated as, (VERNACULAR PORTION DELETED)