9911796707
TMI Blog2001 (7) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... n this habeas corpus petition. 2. Detention of the detenu was considered necessary by the Detaining Authority with a view to prevent him from smuggling goods in future. The grounds of detention dated 11-8-2000 were supplied to the detenu in both English and Hindi language. The detenu was made aware of his right to make representation against the detention to the Detaining Authority, Central Government as well as the Advisory Board. It was indicated that the representation meant for the Detaining Authority was to be addressed to the Joint Secretary, (COFEPOSA), Ministry of Finance, Department of Revenue, Central Economic Intelligence Bureau; the representation meant for the Central Government was to be addressed to the Secretary, Minis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring, the challenge to the order was restricted only on the ground of variation in the two versions and to the ground of non-examination of the witness. 3. Main ground of challenge is alleged variation in the two versions. The difference between the English and Hindi versions are as follows : ( a )In 7th line at para one of the grounds of detention in the English version; it is recorded, A personal search of Shri Lalchand in the presence of Pancha resulted in the recovery of.... while in the Hindi Version at page 11 in para 1 at ninth line it is stated, Lalchand Ke Do Gawahon Ke Samne Lee Gai Vyaktigat Talasi . ( b )Similarly in para 3 of grounds of detention, it is recorded in the English version, ...and S.P. Sharma came to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Arze De. Aap Ke; Saaman 31-7-2000 Ko Lota Diya Gaya ". For para 14, the Hindi translation at page 20 is " 30-6-2000 Dilli Sthit Nivas Parisar Ko Lalchand, Ashwani Kumar Urf Verma Ke Dilli Stith Nivas Parisar Aur S.P. Sharma, Lalchand, Ashwani Kumar Urf Verma Ka Dilli Sthit Nivas Parisaron.... " Further, in the Hindi version at page 1, flight No. 408 is missing though in the English version by flight SQ 408 dated 29-6-2000 is mentioned. Similarly at pages 5 to 7, the English version describes the address at WA-80, Shakarpur, Delhi, while the same is missing in the Hindi version. Between pages 8 to 10, in the English version, it is stated under Panchanama dated 3-6-2000 but this does not find place in the Hindi version. Similarl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any rate, it is a contradiction is substance. Omission to state minor details would not amount to contradiction. Even omission does not amount to contradiction unless that omission virtually touches the very factum, which is required to be proved or established. 5. Judged in the above background, it has to be seen as to whether any prejudice has been caused or the constitutional right of making an effective representation has been aborted. It cannot but be held that detenu had workable knowledge in English. It is inconceivable that a person, who has travelled abroad quite a large number of times for exports and imports for business (as claimed by detenu himself) did not have working knowledge in English which is untenable. But the furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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