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TMI Blog1987 (9) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh, Nirmal Singh, Har-charan Singh and Lakhminder Singh were found. The truck was apparently loaded with rock-salt. This truck alongwith its occupants was brought to the Office of the Directorate of Revenue Intelligence where a detailed search resulted in the recovery of 150 gold biscuits of foreign origin, from an ingenuously built secret cavity in the dash board of the vehicle. Since on demand none of the occupants of the Truck could produce any evidence to show the legal import or possession of the contraband gold, the same was seized alongwith the truck, under the reasonable belief that the same is liable to confiscation under the provisions of the Customs Act, 1962 and Gold Control Act, 1968. 2. In his statement recorded under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting you from dealing in smuggled goods, otherwise than by engaging in transporting, concealing and keeping smuggled goods." The order of detention is dated 11th February, 1987. On that very day the order of detention alongwith the grounds of detention was served on the petitioner through Superintendent, Tihar Jail. 5. This very order of detention is under challenge in the present writ petition on numerous grounds. The first ground of attack is that the petitioner has not been supplied with the copies of the order of detention, the grounds of detention and other documents in the language known to the petitioner inspite of repeated requests and reminders. His case is that he is conversant with one language i.e. Lunda and can write busine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments, orders etc. concerning the petitioner's detention. Thus, it is a sufficient compliance with the requirement of law and no prejudice has been caused to the detenu. 8. This explanation, to my mind, is devoid of any substance. The fact remains that till the date of the filing of the petition, he has not been supplied with the copies of the documents in the language which is known to him. It has all along been the grievance of the petitioner that he being an illiterate person can only understand and write his business accounts in broken Urdu and Lunda. He repeated this averment not only in his two representations but also before the Advisory Board. Inspite of that the detaining authority has not cared to supply him the documents in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... :- "There could be no two opinion that the requirement of law within the provisions of Article 22(5) of the Constitution is that the detenu has to be informed about the grounds of detention in the language which he understands. The fact that the detenu's wife knew the language in which the grounds were framed does not satisfy the legal requirement." "..... We must make it clear that the law as laid down by this court clearly indicates that in the matter of preventive detention, the test is not one of prejudice but one of strict compliance with the provisions of the Act and when there is a failure to comply with those requirements it becomes difficult to sustain the order." In the case in hand, as observed earlier, till today the Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D (Coronary Artery Disease/Heart disease) with old myocardinal infraction (Heart attack) with enlarged heart with chronic retention of water (fluid) in lungs with early left side heart failure. In the opinion of the medical officer, Central Jail, the management of such a complicated case is beyond the scope of the facilities available where the detenu is detained at present. The petitioner was never summoned again by the Advisory Board but his order of detention was confirmed on 21-4-1987. 10. Under Section 8(c) of the Act, the Advisory Board to which a reference has been made under Clause (b) is required to consider the reference and the material placed before it, hear the person concerned and thereafter prepare and submit its opinion wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is, the petitioner must be held to have been deprived of his constitutional right to be heard by the Advisory Board before the confirmation of the order of detention. 11. Even on merits, the petitioner has a case. Unfortunately, he happened to be present in the office of Surinder Kumar Arora when the officers of the D.R.I, raided and searched the premises on 27-1-1987. He was arrested and his statement under Section 108 of the Customs Act was recorded. In his statement, the only incriminating circumstance is that he alongwith Surinder Kumar Arora used to dispose of the gold brought by the other co-accused. In return, they used to be paid Rs. 50/- per biscuit. This very statement was immediately retracted by the petitioner at the first ava ..... X X X X Extracts X X X X X X X X Extracts X X X X
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