Supreme Court · 2008 INSC 1291 · Decided 12 November 2008
State of Tamil Nadu & ANR. v. Abdullah Kadher Batcha & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1291 · [2008] 15 S.C.R. 1099
- Case number
- CRIMINAL APPEAL No. 231/2001
- Decided
- 12 November 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM, AFTAB ALAM (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5)
Headnote
~ Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 197 4 - s.3(1 )(i) - Order of detention c - Representation by detenu and request for supply of certain documents - Rejected by State Government - Writ petition ' by detenu - Allowed On appeal, Held: It is the duty of Court to examine whether the detenu was deprived .. of making an effective representation in absence of D ~ documents - Primarily copies of documents which form ground of detention are required to be supplied - High Court did not examine the effect on detenu on
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