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1988 (1) TMI 177 - SC - Central ExciseOrder of detention challenged - Held that:- After considering the submissions, it is crystal clear that the documents though placed before the Detaining Authority for his consideration were not supplied to the appellant within 15 days from the date of the order of detention as provided under Section 3(3) of the said Act. It is also evident from the affidavit of Shri S.K. Chaudhary, Under Secretary, Ministry of Finance, Department of Revenue, New Delhi that on the request of the appellant by his representation dated 6th April, 1987, the documents were supplied to him on 24th April, 1987. The representation of the appellant was disposed of by the Advisory Board on 25th April, 1987. In these circumstances, it cannot be denied that the failure on the part of the Detaining Authority to supply the aforesaid material documents prevented the appellant from making an effective representation against the grounds of detention and as such the mandatory provisions of Article 22(5) have not been complied with. The order of detention in our considered opinion is, therefore, illegal and bad and the same is liable to be quashed. Appeal allowed.
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