G. JYOTHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Vide the present petition, the petitioner has challenged the detention order vide S.B.(I) No.356/PD/S-1/2016, dated 28.07.2016 whereby the detenu was detained on 29.07.2016 and since then he is in jail.

(2.) Learned counsel appearing on behalf of the petitioner has argued the only ground that the detenu was detained on 29.07.2016 and as per Sec. 8 of Telangana Prevention of Dangerous Activities of Boot Leggers, Dacoits, Goonda, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act') the detaining authority is duty bound to supply the relied upon documents in the known language of the detenu maximum within five days, so that he would be able to make an effective representation before the detaining authority. However, in the present case, the relied upon documents were not provided to the detenu within five days in the language known to him.

(3.) Learned counsel appearing on behalf of the respondents has fairly conceded that the relied upon documents could not be supplied to the detenu within five days however, supplied thereafter and he submits that if there is one or two days delay, that will not prejudice to the right of the detenu as held by the Supreme Court in the case of Dr. Prakash Vs. State of Tamil Nadu and others, (2002) 7 SCC 759 whereby the Honourable Supreme Court has held as under: