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1990 (1) TMI 78 - SC - CustomsWhether the courts have necessarily to accept what is stated by the detenu or it is permissible for the Court to consider the facts and circumstances of the case so as to have a reasonable view as to the detenu's knowlege of the language in which the grounds of detention were served, particularly in a case where the detenu is a foreign national? Held that:- Considering cases where while a citizen and resident of the country deserves preventive detention apart from criminal prosecution, in case of a foreign national not resident of the country he may not be justifiably subjected to preventive detention in the event of which no international legal assistance is possible unlike in case of criminal prosecution and punishment. Considering the facts and circumstances of the instant case, however, we find sufficient evidence of the detenu having visited this country though on earlier occasions he was not found to have been carrying on such smuggling activities. Finding force in the second submission and hold that continued detention of the detenu has been rendered illegal by non-consideration of his representation by the appropriate Government according to law resulting in violation of Article 22(5) of the Constitution; and he is to be set at liberty forthwith in this case.
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