1990 (2) TMI 53 - SC - Customs

Supreme Court Orders Release Due to Language Discrepancies

The Supreme Court allowed the appeal, quashed the detention order, and directed the immediate release of the detenu due to significant variances between ... COFEPOSA - Preventive detention Issues involved: Detention under COFEPOSA Act, 1974 based on discrepancies in the Gurmukhi and English versions of the detention order and grounds of detention.Summary:The appellant was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The appellant challenged the detention in the High Court of Delhi, which dismissed the petition. The appellant then approached the Supreme Court by special leave. The appellant, who understood only the Gurmukhi script, received copies of the detention order and grounds of detention in both Gurmukhi and English. Discrepancies were found between the Gurmukhi and English versions, leading to confusion in effectively representing against the detention order.In the Gurmukhi version, the detention order mentioned preventing smuggling and abetting, while the grounds of detention referred to concealing, transporting, and dealing in smuggled goods. This discrepancy caused confusion for the detenu in presenting his case. The detenu was unsure whether to challenge the detention for smuggling/abetting or for transporting/concealing/dealing in smuggled goods. The satisfaction recorded in the Gurmukhi version did not align with the purpose stated in the detention order, further adding to the detenu's confusion.Due to the significant variance between the Gurmukhi and English versions of the detention order and grounds of detention, the detenu was unable to make an effective representation, thus being denied the right under Article 22(5) of the Constitution. Consequently, the Supreme Court allowed the appeal, quashed the detention order, and directed the immediate release of the detenu.