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1 - 10 of 18 (0.29 seconds)Section 172 in The Indian Penal Code, 1860 [Entire Act]
Section 174 in The Indian Penal Code, 1860 [Entire Act]
Section 7 in The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [Entire Act]
Powanammal vs State Of Tamil Nadu And Anr on 15 January, 1999
18. Coming to petitioner's grievance about
non-supply of some material documents, it requires to be
made clear that there is an obligation on the detaining
authority to supply the relied upon documents only to
the detenu to enable him to make an effective
representation. Non-supply of such material documents
vitiates the detention in the facts and circumstances of
the case and no prejudice is required to be shown for
this. The authority, however, is also required to
supply other documents referred to in the ground of
detention on demand but non-supply of these would not
invalidate the detention unless the detenu shows the
prejudice caused to him in making the representation.
This position is repeatedly affirmed by the Supreme
Court
and lately in Powanammal v. State of Tamil Nadu
I (1999) SLT 191 holding thus:-
Section 7 in The Customs Act, 1962 [Entire Act]
Section 108 in The Customs Act, 1962 [Entire Act]
Section 3 in The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [Entire Act]
Anand Parkash Saksena vs Union Of India & Ors on 14 December, 1967
2. Petitioner challenges his detention on several
grounds. He alleges delay of 8 months and 16 days in
passing the detention order which vitiated his
detention. According to him, authorities had received
information regarding his alleged fraudulent duty draw
back claim on 29.7.2000 leading to investigation in
which his last statement was recorded on 27.1.2001 but
despite this they had failed to pass the detention order
till as late as on 26.4.2001. Reliance in this regard
is placed on the Supreme Court judgments in Anand
Prakash v. Union of India and a
judgment of this court in Lal Khimani v. Union of
India 2001 (1) AD Delhi 246.