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Issues involved: Challenge to the legality of detention order u/s 3(1)(iii) of COFEPOSA Act based on non-supply of legible documents for effective representation.
Summary: The Supreme Court heard an appeal against the High Court of Karnataka's judgment dismissing a writ petition challenging a detention order u/s 3(1)(iii) of COFEPOSA Act. The detenu, after being served with the detention order and relevant documents, requested legible copies of certain documents for effective representation. The detaining authority denied the request, leading to the detenu's contention that the order of detention was illegal due to non-compliance with procedural safeguards u/s Article 22(5) of the Constitution of India. The Respondent argued that the recovery of foreign gold biscuits from the detenu was sufficient for the detaining authority's satisfaction, despite the non-supply of legible copies of certain documents. However, the detenu's right to make an effective representation was emphasized under Article 22(5), highlighting the importance of providing all relevant documents for a fair process. Citing precedents, the Court held that the detaining authority's refusal to supply legible copies of vital documents infringed the detenu's rights u/s Article 22(5) of the Constitution. Consequently, the order of detention was set aside, and the detenu was directed to be released immediately. The appeal was allowed based on the non-compliance with procedural safeguards for effective representation.
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