J. Abdul Hakeem vs State Of Tamil Nadu & Ors

The Supreme Court held that the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) was invalid due to the failure to provide the detenu with copies of the documents relied upon, specifically two seized passports, which is a violation of Article 22(5) of the Constitution of India. The Court emphasized that the right to make an effective representation is a constitutional guarantee, and non-compliance with this requirement renders the detention order liable to be quashed. Consequently, the appeal was allowed, and the detention order was set aside.