TaxTMI 
TaxTMI 
1983 (7) TMI 147
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....e detenu may be set at liberty. 3. The detenu has been detained on the grounds that he was engaged in smuggling by way of keeping and dealing in smuggled goods and to prevent him from so to do it was necessary to detain him. The grounds of detention and the particulars thereof and copies of the documents relied upon for detaining the detenu were duly supplied to him. 4. It is not necessary to narrate in detail the facts leading to the detention of the detenu because we have come to the conclusion that this petition deserves to be allowed on the short ground that the representation on behalf of the detenu to the Central Government for revocation of the detention order was not forwarded to the Central Government and therefore the ....
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....vernment of India and that an endorsement on the second copy reproduced above was indicative of the fact that the copy has already been submitted to the Central Government, the said copy was not forwarded by the State Government to the Central Government and that the detenu cannot take advantage of the clever device adopted by him. The learned Deputy Governor strenuously contended that in the circumstances of the case in not forwarding the copy to the Central Government no illegality was committed by the State Government and the detenu is not entitled to any relief in this petition. 7. The contention of the Learned Deputy Government Advocate is not well founded. Section 11(.l) of the Act confers upon the Central Government the power t....
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....lly the representation made by the detenu to the Central Government. The representations to the State Government and the Central Government were made by the detenu simultaneously through the Jail Superintendent. The Superintendent should either have forwarded the representation separately to the Governments concerned or else he should have forwarded them to the State Government with a request for the onward transmission of the either representation to the Central Government. Someone tripped somewhere and the representation addressed to the Central Government was apparently never forwarded to it, with the inevitable result that the detenu has been unaccountably deprived of a valuable right to defend and assert his fundamental right to person....