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november 2008

Supreme Court of India · 2008-11-12

STATE OF TAMIL NADU vs ABDULLAH KADHER BATCHA

Citation / case number
SC 2000/11793
Court
Supreme Court of India
Petitioner
STATE OF TAMIL NADU
Respondent
ABDULLAH KADHER BATCHA
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,P. SATHASIVAM,AFTAB ALAM, ,

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, due to the violation of Article 22(5) of the Constitution, which mandates that a detained individual must be provided with the grounds of detention and relevant documents. The Court emphasized that the failure to supply necessary documents to the detenu rendered the detention illegal, as it impeded the right to make an effective representation. Consequently, the appeal was dismissed, affirming the High Court's ruling.

STATE OF TAMIL NADU vs ABDULLAH KADHER BATCHA · Niyam