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TMI Blog2008 (6) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... llenge is also perused. 3. Concededly, on 27-9-2007, the Officers attached to the Air Intelligence unit, Madras Customs, who were present at the customs room situated in the departure hall of Anna International Airport, Chennai, opened and examined one hand baggage and three checked in baggage belonging to the petitioner, and also examined another baggage which stood in the name of one Murugaish, a passenger bound for Singapore via Singapore, IC flight 555/29-9-2007. An enquiry was made whether the detenue was having any foreign currency, and he replied in the negative. Thereafter, entertaining suspicion, the Officers examined the baggages containing flowers and betel leafs. During the course of the search of the person, it was noticed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentation to the State Government and also to the Central Government, and the same were rejected. Before the Advisory Board, a representation was placed, and the same was also rejected on 28-1-2008. In such circumstances, this petition came to be filed before this Court. 4. At the time when the matter is taken up for consideration, the learned Counsel for the petitioner inter alia made the following submissions: (1) Firstly, it was actually made known to the Officers concerned that he had studied only upto 2nd standard, and he was conversant only with Tamil and not any other language. (2) It is true that the Tamil version of the order was actually served upon him; but, a reading of the same would indicate that it would contain entire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as served upon him would be defeated, the learned Counsel relied on a decision of the Apex Court reported in 1981 Supreme Court Cases (CRI) 463 (Lallubhai Jogibhai Patel v. Union of India and Others). 8. The Court heard the learned Additional Public Prosecutor for the State and also the learned Additional Central Government Standing Counsel, paid its anxious consideration on the submissions made and also made a thorough scrutiny of all the materials available and it makes the following order. 9. It is not in controversy that the petitioner herein following an interception that was made on 27-9-2007, at the Airport, Madras was found to be in possession of foreign currencies for which there was no permit or license. According to the Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. "Communicate" as could be seen under the said Article, is a strong one which would mean that he must be not only put on notice, but also he should have got the clear knowledge of the basic facts constituting the 'grounds' on which he is actually detained. In the case on hand, it is true that a Tamil version was given. This Court is of the considered opinion that if an English version is not correctly translated in Tamil and given, he could not understand and the purpose for which it was given was to enable him to give purposeful, meaningful and effective representation. So long as he is not given correct translated version in which he could understand, not only the purpose will not be served, but also it would be defeated. In such circum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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