9911796707
TMI Blog2000 (3) TMI 1079X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1981 (No. LV of 1981) (Amendment-1996) (hereinafter referred to as the M.P.D.A. Act). True copies of the detention order and the grounds of detention which are also dated 21-4-1999 are annexed as Annexure A and C respectively to this petition and were contemporaneously served on the detenu on 3-5-1999. 2. A perusal of the grounds of detention would show that the impugned. detention order is founded on two C.Rs. namely C/R. No. 411 of 1998 under sections 452, 395, 397, 34 read with 37(a)(1), 22-51 of the Bombay Police Act, registered at M.R.A. Marg Police Station on the basis of a complaint lodged on 10-10-1998 by one Nitesh Shah and C.R. No. 440 of 1998 under section 399, 402 read with section 3, 25 Arms Act of M.R.A. Marg Police St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him under the M.P.D.A. Act. In Ms. Ansari's contention, on account of the aforesaid discrepancy, the detenu may have been confused in making a representation and consequently, his right to make an effective representation under Article 22(5) of the Constitution of India was infracted. 4. Mr. Rajiv Patil, learned Counsel for the respondents urged that although he conceded that the aforesaid discrepency was there, but, the petitioner's Counsel should not be permitted to canvass this submission in view of the fact that at the time of the admission of this writ petition, as is reflected from our order dated 13-1-2000, learned Counsel for the petitioner had made a statement that she would only press ground 5(iii) of the petition, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry for its determination is available on record, we have allowed it to be raised before us and have overruled a preliminary objection taken by the State to the effect that it should not be entertained. In the latter decision in para 4, the Supreme Court observed thus : It is also necessary to point out that in case of an application for a writ of habeas corpus, the practice evolved by this Court is not to follow strict rules of pleading nor place undue emphasis on the question as to on whom the burden of proof lies. 7. Since the material supplied to the detenu includes the grounds of detention and their Hindi translation and their true copies have been annexed as Annexures C and C-1 respectively to the writ petition, the materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e grounds of detention in English. It was urged on behalf of the detenu that the detention order and the grounds of detention in Gururnukhi were at variance with the English version. Para 4 of the said decision shows that in the Gururnukhi version of the detention order, it was mentioned that the detention order had become necessary with a view to prevent the detenu from smuggling of goods and from abetting the smuggling of goods, but, in the grounds of detention in English, the detaining authority had recorded his satisfaction as under : I am satisfied it is necessary to detain you under COFEPOSA Act, 1974 with a view to preventing you from concealing, transporting smuggled goods as well as dealing in smuggled goods. Since the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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