1980 (11) TMI 152 - SC - FEMA

Summary

Issues involved: Detention u/s 3(1) of COFEPOSA, Service of grounds of detention without accompanying documents, Validity of detention.

Issue 1: Detention u/s 3(1) of COFEPOSA
The petitioner challenged his detention ordered u/s 3(1) of COFEPOSA by the Deputy Secretary, Home Department, Government of Punjab. Discrepancy regarding the date of arrest was noted, but deemed irrelevant by the Court.

Issue 2: Service of grounds of detention without accompanying documents
The grounds of detention were served on the petitioner without the accompanying documents forming the basis of the order. The detenu's request for these documents was denied, contravening recent Division Bench decisions emphasizing that detenu must receive the documents along with the grounds for effective representation. Failure to provide the documents renders the detention void ab initio.

Issue 3: Validity of detention
As the documents forming the basis of detention were not provided to the petitioner along with the grounds, the detention was deemed to be without jurisdiction. Citing relevant case law, the Court held the detention to be invalid and ordered the petitioner's immediate release.

This summary highlights the key issues of the legal judgment, focusing on the detention u/s 3(1) of COFEPOSA, the necessity of providing accompanying documents with the grounds of detention, and the consequent invalidity of detention due to lack of jurisdiction.