Failure to supply relied-on detention documents vitiates preventive detention by denying an effective representation.

Detention was held vitiated where the detaining authority failed to supply copies of material documents relied on in the grounds of detention, including the panchnama of seizure and the detenu's statement recorded under the Customs Act. Mere awareness of the contents of those documents was not treated as a substitute for furnishing the documents themselves, because the detenu must receive all material relied upon to make an effective representation. On that basis, the detention was invalidated and release was directed.

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Issues: Whether the detention was vitiated for non-supply of copies of material documents referred to in the grounds of detention, thereby denying the detenu an effective opportunity to make a representation.

Analysis: The material documents relied upon in the grounds of detention included the panchnama of seizure and the detenu's statement recorded in proceedings under Section 108 of the Customs Act. The detaining authority did not supply copies of these documents. Mere awareness of their contents by the detenu was held to be no substitute for furnishing the documents themselves. The detenu was entitled to copies of all material documents so as to make an effective representation.

Conclusion: The detention was invalidated and the detenu was entitled to release.

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