Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
Section 3—Order of detention set aside by High Court on the premise that appellants failed to supply the legible copies of documents which were relied upon by the appellants while passing the order of detention under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act—Appeal—It is well settled that right to make a representation implies that the detenu should have all the information that will enable him to make an effective representation—Non-supply of all the documents amounts to violation of Article 22(5) of the Constitution which is the fundamental right of the detenu—Merely because first respondent has failed to raise this question before the detaining authority which go into root of the matter to take away the right vested in the appellant/detenu in assailing the order of detention while availing the remedy available to him under Article 226 of the Constitution of India—This renders the order of detention illegal—No error found in impugned order—Appeal dismissed.
[Paras 16, 17, 21, 23 & 24]
Decision : Appeal dismissed