TSERING DOLKAR vs ADMINISTRATOR, UNION TERRITORY OF DELHI & ORS.

The Supreme Court held that under Article 22(5) of the Constitution, a detenu must be informed of the grounds of detention in a language he understands, and the failure to do so denied him a fair opportunity to represent against his detention. The Court emphasized that compliance with the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, is mandatory, and any lapse in this regard invalidates the detention order. Consequently, the Court quashed the detention order due to non-compliance with legal requirements.