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Issues:
1. Detention order challenged on grounds of language of documents. 2. Alleged denial of fair opportunity to make representation. 3. Non-examination by the Advisory Board. 4. Merits of the case and proportionality of detention. Analysis: 1. The case involves a challenge to a detention order based on the language of documents provided to the petitioner. The petitioner contended that he was not supplied with documents in a language he understood, despite repeated requests. The court noted that the detenu, an illiterate person, could only understand and write in a specific language. The court referred to a Supreme Court judgment emphasizing the importance of providing documents in a language understood by the detenu for effective representation. The failure to provide documents in a comprehensible language was deemed a violation of the detenu's rights, leading to the quashing of the detention order. 2. The petitioner alleged a denial of a fair opportunity to make a representation against the detention due to the language barrier. Despite the petitioner's repeated requests and representations highlighting his language limitations, the detaining authority failed to provide documents in a language known to the detenu. The court found the explanations offered by the respondent to be insufficient, emphasizing the importance of strict compliance with legal requirements in matters of preventive detention. The petitioner's lack of access to documents in a familiar language was considered a significant violation of his rights, leading to the quashing of the detention order. 3. The case raised concerns regarding the non-examination of the petitioner by the Advisory Board. The petitioner, a heart patient, suffered a health emergency during the examination process and was not recalled by the Board for further examination. The court criticized the lack of proper documentation or testimony from the Board members regarding the petitioner's examination. The petitioner was deemed to have been deprived of his constitutional right to be heard by the Advisory Board before the confirmation of the detention order, further contributing to the decision to quash the order. 4. On the merits of the case, the petitioner's involvement in the alleged smuggling activity was questioned. The petitioner's statement under the Customs Act implicated him in disposing of smuggled gold, but this statement was retracted at the earliest opportunity. The court highlighted the lack of substantial evidence beyond the retracted statement to link the petitioner to smuggling activities. Considering the petitioner's age, health condition, and minimal involvement compared to other potential offenders, the court emphasized the need for the detaining authority to focus on major players in smuggling operations rather than individuals like the petitioner. Ultimately, the court quashed the detention order and ordered the petitioner's immediate release unless detained under other lawful authority.
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