9911796707
TMI Blog1980 (2) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Secretary to the Government of India, Ministry of Finance. The petitioner was directed to be detained by an order dated 31st August, 1979 under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. In pursuance of the order, the petitioner was arrested on 5-9-1979. He was served with the grounds of detention on the same day. The Petitioner through his advocate by a letter dated 7-9-1979 wrote to the second respondent stating that it was found that the detaining authority relied upon a number of statements of various persons including the detenu as well as documents referred to in the grounds, but the detenu was not furnished with the copies of the same. The Advocate stated that detenu desires ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d documents referred to and relied upon in the order of detention at an early date. In reply to the letter of 14-9-79 by the Advocate, the Deputy Director in his communication dated 22- 9-1979 requested the advocate to see the Deputy Director on 24-9-1979 at 1430 hours to take inspection of the documents. On inspecting the documents the advocate was not satisfied and insisted on supply of copies of documents and ultimately copies were supplied on 3 days, namely, on 26-9-79, 28-9-79 and 29-9-79. The representation was made by the detenu on 5- 10-79. It is settled law that the appropriate authority is bound to give an opportunity to the detenu to make representation and to consider the representation of the detenu as early as possible. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relating to the grounds of detention. When the grounds of detention are served on the detenu, he is entitled to ask for copies of the statements and documents referred to in the grounds of detention to enable him to make an effective representation. When the detenu makes a request for such documents, they should be supplied to him expeditiously. The detaining authority in preparing the grounds would have referred to the statements and documents relied on in the grounds of detention and would be ordinarily available with him-when copies of such documents are asked for by the detenu the detaining authority should be in a position to supply them with reasonable expedition. What is reasonable expedition will depend on the facts of each case. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition wrote to the detaining authority stating that for making an effective representation, he must have copies of statements and documents referred to in the detention order. He prayed that the copies of the statements and documents may be furnished to him. This letter was received by the detaining authority on the 10th of September, 1979 and a communication was addressed not by the detaining authority but by Mr. Thawani, Deputy Secretary on the same date. It is not clear whether the detaining authority applied his mind and realised the necessity for furnishing of the documents to the detenu expeditiously. The communication was addressed by the Deputy Secretary to the Advocate of the detenu informing him that the Deputy Director of Enfor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... garding the delay in furnishing copies as seen in his counter affidavit is that the constitutional right of the petitioner to make effective representation had not been infringed. According to the detaining authority "it was not incumbent upon the detaining authority to supply copies of all the documents relied upon in the grounds of detention to the petitioner alongwith the grounds within 5 days of detention as petitioner has contended. In this context it would be relevant to state that the grounds were sufficiently detailed so as to enable the petitioner to make an effective representation against the detention." He further stated that all steps were taken to comply as expeditiously as possible. It may not be necessary for the detaining a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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