AMIR SIDDIQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) VISHNU Sahai, J. Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner-detenu Amir Siddiqui has impugned the order dated 29-10-2001 passed by Mr. Rajendra Shanker Agrawal, Special Secretary, Home and Confidential Department, Government of U. P. detaining him under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act ).

(2.) THE detention order along with the grounds of detention which are also dated 29-10-2001 was served on the petitioner-detenu on 17-11-2001 and their true copies have been annexed as Annexures-1 and 2 respectively to this petition.

(3.) A perusal of the aforesaid paragraph would show that were the detenu is on bail at the time of the passing of the detention order, not only it is imperative to place before the detaining authority the bail application and the bail order but, it is equally imperative that their copies be furnished to the detenu. The latter is because then and then alone would the detenu be able to make an effective and purposeful representation in terms of his fundamental right guaranteed by Article 22 (5) of the Constitution of India.