Union of India Vs. Shantaram Gajanan Kanekar [1993] INSC 484 (16 November
1993)
ANAND,
A.S. (J) ANAND, A.S. (J) SINGH N.P. (J) CITATION: 1994 SCC Supl. (2) 571
ACT:
HEADNOTE:
ORDER
1. Leave granted.
2. The
respondent was served with an order of detention made under Section 3(1) of the
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,
1974 (hereinafter 'the Act'). The detenu, it is not disputed did not know
English and was conversant with Marathi language only. Marathi version of the
grounds of detention was furnished to the detenu. The respondent was also
served with a copy of the declaration made under Section 9(1) of the Act
together with the Marathi version of the declaration. The detenu questioned the
order of detention as also the declaration issued under Section 9(1) of the Act
on various grounds. The principal objection raised on behalf of the detenu
before the High Court was that the Marathi version of the declaration under
Section 9(1) of the Act did not tally with its counterpart in English and due
to that defect, the detenu was prevented from making an effective
representation under Article 22(5) of the Constitution. The High Court, on
facts, found that the two versions of the declaration did not tally with each
other.
The
High Court found that the translated version of the declaration under Section
9(1) of the Act was defective and opined that it was not possible for the detenu
to make an effective representation. The order of detention was, therefore,
quashed.
3. In
the facts and circumstances of the case, the view taken by the High Court is
unexceptionable and we do not find any reason to interfere. The appeal is
dismissed.
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