MEENADEVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The order of detention passed by the Commissioner of Police, Greater Bombay, under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981 is challenged by the detenu's wife in this petition.

(2.) Having heard Shri Dinesh Shah, the learned Counsel appearing in support of the petition, and Shri Chopda, the learned Public Prosecutor, it must be held that the Petition will have to be allowed on the short ground that the petitioner has been deprived of his right of making an effective representation, a right guaranteed under Article 22(5) of the Constitution of India.

(3.) We have perused the copies of the documents which were accompanied with the grounds that were served upon the detenu and we find that several of these documents are wholly illegible. If that be so, it will have to be held that the detenu was deprived of his valuable right to make an effective representation against the order of detention.