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november 2008

Supreme Court of India · 2008-11-12

State Of Tamil Nadu & Anr vs Abdullah Kadher Batcha & Anr

Citation / case number
AIR 2009 SUPREME COURT 507
Court
Supreme Court of India
Petitioner
State Of Tamil Nadu & Anr
Respondent
Abdullah Kadher Batcha & Anr
Author
Arijit Pasayat
Bench
Aftab Alam, P. Sathasivam, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the detention order under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, citing a violation of Article 22(5) of the Constitution due to the non-supply of necessary documents to the detenu for making an effective representation. The Court clarified that only documents relied upon by the detaining authority need to be supplied, and emphasized that the detenu's right to a fair hearing was compromised. The appeal was dismissed, affirming the High Court's ruling that the detention was illegal due to procedural lapses.

State Of Tamil Nadu & Anr vs Abdullah Kadher Batcha & Anr · Niyam