ASHOK KUMAR versus UNION OF INDIA & ORS.

ASHOK KUMAR versus UNION OF INDIA & ORS.

Failure by Detaining Authority to supply material documents considered in making the detention order within statutory time prevented effective representation, violating Article 22(5). This non-compliance renders detention illegal and bad.

Parties
Appellant: Ashok Kumar; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
27 January 1988
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment Rejecting Writ Petition
Outcome
Appeal allowed; order of detention quashed
Legal Topics
Preventive Detention, Supply of Documents to Detenu, Effective Representation, Foreign Exchange Violations, Smuggling Prevention
Constitutional Law Criminal Law Preventive Detention Supply of Documents to Detenu Effective Representation Foreign Exchange Violations Smuggling Prevention

Case Brief

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Parties

Ashok Kumar

Appellant

Union of India & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment Rejecting Writ Petition

Legal Issues

  1. 1 Whether non-supply of documents considered by the Detaining Authority to the detenu violated Article 22(5) and Section 3(3) of COFEPOSA Act
  2. 2 Whether the delay in supplying documents and disposal of representation invalidated the detention order

Ratio Decidendi

Failure by Detaining Authority to supply material documents considered in making the detention order within statutory time prevented effective representation, violating Article 22(5). This non-compliance renders detention illegal and bad.

Court Disposition

Appeal allowed; order of detention quashed

Orders

  • Appellant directed to be released forthwith
  • Judgment and order of High Court set aside