9911796707
|
Home
Issues:
Challenge to detention order based on non-supply of important documents relied upon by the detaining authority. Analysis: The appellant challenged the order of his detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, on the grounds that crucial documents relied upon by the detaining authority were not provided to him. The appellant had previously filed a Review Petition against the judgment of the Delhi High Court, which was dismissed. The appellant's arrest and subsequent bail applications were detailed, emphasizing his retraction from his earlier statement. The grounds of detention specifically referenced the rejection of his bail application by the Judicial First Class Magistrate and the subsequent grant of bail by the Sessions Court. The appellant's counsel argued that the failure to provide the appellant with the documents related to his bail applications deprived him of the opportunity to make an effective representation. Counsel cited a previous case where the denial of such vital documents was deemed a violation of the detenu's right to make an effective representation, leading to the detention being declared illegal. In contrast, the respondents relied on another case where the refusal to provide certain documents was justified as they were deemed irrelevant to the detention. However, the court found that the present case aligned more closely with the former decision, emphasizing the importance of the documents in question. Based on the arguments presented, the Supreme Court set aside the judgment under appeal, along with the impugned orders of detention and declaration. The court ordered the immediate release of the detenu, ruling in favor of the appellant. The appeal was allowed without any costs being imposed on either party.
|
