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.