IN RE : MANICK SAHA Vs. STATE

JUDGEMENT

(1.) SRI Manick Saha, brother -in -law of the detenu, Samir Kumar Roy has filed this writ application for issuance of a Writ of or in the nature of Habeas Corpus quashing an order of detention dated 17.1 1.1995 passed by the respondent No. 1 purported to be in terms of section 3 (l) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the said Act).

(2.) THE detenu, admittedly, has read upto Class VIII. He does not know English language. The grounds of detention and other documents on the basis whereof the respondent No. 1 arrived at his subjective satisfaction to detain the detenu, had been supplied to the detenu.

(3.) MR . Sen appearing on behalf of the petitioner, inter alia, has raised a short question in support of this application. Learned counsel submitted that from a persual of the Bengali version of the order of detention the grounds as also the statements made in the affidavit in opposition, it would appear that the impugned order of detention suffers from the vice of total non -application of mind.