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2022 (6) TMI 326 - HC - CustomsSmuggling - Gold - huge quantity of gold was concealed in the compressor of a refrigerator, brought as an unaccompanied luggage - Seeking release of detenues - no apprehension raised at any stage by the sponsoring authority about the likelihood of the detenus to indulge in smuggling in further - certain documents requested, which were needed for making an effective representation, were denied - HELD THAT:- There has been reliance made in the detention order regarding the documents mentioned which might have forced the detaining authority to reach the conclusion about the previous smuggling activities and which necessitated the present order of detention. Inspite of a specific request, as seen from Ext. P12 in the above cases, we find copies were not given. In as much as the contents of the above being relied upon and they have not been given despite asking for them, we feel there has been infraction of the right of the detenus to make an effective representation seeking release. The learned counsel for the petitioner is right in stating that the detaining authority ought to have furnished the said materials as their right to make an effective representation has been impaired. The contention of the learned counsel for the respondents that there was no duty to supply the documents to the detenus, cannot be accepted - the nonsupply has vitally affected the right of the detnus under Article 22(5) of the Constitution of India - the detention order is bad for the non-supply of these documents sought for in Ext. P12. The detenus are forthwith set at liberty - Application allowed.
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