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august 2005

Supreme Court of India · 2005-08-24

J. ABDUL HAKEEM vs STATE OF T.N. .

Citation / case number
SC 2005/2327
Court
Supreme Court of India
Petitioner
J. ABDUL HAKEEM
Respondent
STATE OF T.N. .
Bench
K.G. BALAKRISHNAN & P.P. NAOLEKAR

Judgment text excerpt

The Supreme Court upheld the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act), confirming that the detenu's right to effective representation under Article 22(5) was violated due to non-supply of relevant documents, specifically two seized passports. The Court emphasized that failure to provide such documents undermines the constitutional protections afforded to the detenu. Consequently, the detention order was quashed, reinforcing the necessity of compliance with procedural safeguards in detention cases.

J. ABDUL HAKEEM vs STATE OF T.N. . · Niyam