S JOHN KUTTY Vs. TARUN ROY ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE NEW DELHI

JUDGEMENT

(1.) : The detenu has filed this writ petition under Art.226 of the Constitution of India for issue of a writ of habeas corpus quashing the order of detention and for setting him at liberty.

(2.) THE impugned order was passed by the first respondent in exercise of the powers conferred on him under S.3(1) of the Tamil Nadu Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, hereinafter referred to as the Act, with a view to preventing him from smuggling goods, abetting, smuggling and also engaging in transporting smuggled goods.

(3.) THE learned counsel for the petitioner Mr.B.Kumar though raised various grounds, confined his arguments to the two grounds, viz., that the detenu studied only upto 10th Standard and he was doing only some manual work and later got employed and he does not know English either to read or write but knows only Tamil and he can only put his signature in English and to a representation submitted by him and also requested the detaining authority to furnish certain copies referred to in the order of detention. A reply was sent in English and further the copies were given only in English and not in the language known to him, viz., Tamil and as such the detenu was deprived of an opportunity of making an effective representation and as such the order is bad. THE learned counsel also submitted that tough the detenu asked for furnishing the copies on 14-5-1987, the copies were furnished only on 26-6-1987 and that there was a delay of 54 days in supplying the copies. THE said delay also vitiates the order.