2000 (2) TMI 870

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....nts. JUDGMENT 2. As to whether the document which was not relied upon by the detaining authority has to be regarded as necessary for the purpose of making an effective representation is always a question of fact. 3. In this case, the detaining authority made his order by taking note of the fact that the detenu was on remand. That fact the gathered from a perusal of the special report prep....

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....cannot be expected to be gathered from the special report which may or may not correctly set out, all that had transpired at the time the remand was ordered. 5. If the detenu considered it necessary to secure the copy of the remand order, for the purpose of demonstrating that the special report had omitted to state certain things contained in the remand order, especially regarding the complaint....