1981 INSC 0045
                                         Smt. Taramati Chandulal Sejpal

                                                           Vs

                                        State of Maharashtra and Another

                                    Criminal Writ Petition No. 6447 of 1980

                                     (Syed M. Fazal Ali, A. Varadarajan JJ)

                                                      23.01.1981

                                                     JUDGMENT

FAZAL ALI, J. ­

1. This habeas corpus petition has been file by the wife of the detenu on his behalf. The detenu was
arrested under Section 3(10 of the Conservation of Foreign Exchanges and Prevention of Smuggling
Activities Act, 1974 and the order of detention was passed on October 27, 1980. The detenu was,
however, arrested on October 29, 1980 when the grounds of mention were served on him, but some
documents relied upon in the order of detention were not supplied to the documents were supplied
to the detenu in three instalments on November 8, 1980, November, 17, 1980 and December 20,
1980. Thus the detenu was deprived of the opportunity of making an effective representation as held
by this Court. It is manifest that the order of detention is rendered void and this case is clearly
covered by a series of decision of this Court particularly in Icchu Devi Choraria v. Union of India
and also in Kamla Kanyalal Khushalani v. State of Maharashtra.

2. For these reasons the writ petition is allowed and the continued detention of the detenu being void
the detenu is directed to be released forthwith.

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