9911796707
TMI Blog2005 (8) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... s for passing of the detention order and reference of the two passports containing entries of the foreign visits by the detenue is only a passing reference. The passport entries are not made the basis of detention order. The basis is admission of the foreign visits made by the detenue in his statement. Thus failure to understand as to how non-supply of copies of the passports of the appellant-detenue prejudicially affect his right to make a proper representation against the order of detention. The non-supply of copies of the passports will not have the effect of vitiating the detention order. - CRIMINAL APPEAL NO. 1074 OF 2005 - - - Dated:- 24-8-2005 - K.G. BALAKRISHNAN AND P.P. NAOLEKAR, JJ. S. Ravi Shankar for the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued. The appellant was served with the grounds of detention on 27-7-2004. 3. On 6-8-2004, detenue submitted a representation to the State and the Central Authority and, thereafter made representation to the Advisory Board. The representation made to the Advisory Board was rejected on 8-9-2004. The order of detention was confirmed on 24-9-2004. Thereafter, the appellant-detenue preferred a writ petition, challenging the order of detention which was dismissed by the High Court. Hence, the present appeal by Special Leave. 4. Learned counsel for the appellant has submitted that while passing the order of detention, authorities concerned made reference of two seized passports of the appellant but copies of the same were not supplie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Sri Lanka and from there on 15-7-2004 he went to Hong Kong; that on 15-7-2004 he boarded he flight UL-123 at 7 O Clock in the evening and arrived at Chennai and while returning, he brought 4 checked-in baggages and an hand baggage and paid Rs. 2,000 towards excess baggage charges. Under the old Passport, he travelled about 23 times to Sri Lanka, 10 times to Hong Kong via Sri Lanka and once to Singapore and under the current Passport he travelled 4 times to Hong Kong via Sri Lanka. The authorities examined the value of the goods brought by the detenue which was in excess of the declared value and, therefore, the officers seized those goods. After considering the various factors and the legal provisions of the Foreign Trade (Developme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the copies of the documents relied upon by the detaining authorities on the grounds are necessary to be supplied. The detenue has a right to be furnished with the grounds of detention along with documents so referred or relied upon. In paragraph 20 the Court said that it is immaterial whether the detenue already knew about their contents or not; it is being a constitutional imperative for the detaining authority to give the documents relied on and referred to in the order of detention. Supply of the relevant document which is made basis for passing the detention order, whether demand was made for such a document or not, has to be given to the detenue as a constitutional safeguard enshrined in article 22(5) of the Constitution of India. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supplied to the detenu. What is important is that copies of only such of those documents as have been relied on by the detaining authority for reaching the satisfaction that preventive detention of the detenue is necessary shall be supplied to him." 9. From the aforesaid authorities it is clear that the detenue has a right to be supplied with the material documents on which the reliance is placed by the detaining authority for passing the detention order but the detention order will not be vitiated, if the document although referred to in the order is not supplied which is not relied upon by the detaining authority for forming of its opinion or was made basis for passing the order of detention. Crux of the matter lies in whether the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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