NASIRMAHMAD NOORMAHMAD SHAIKH v. COMMISSIONER OF POLICE

4.(cid:9)It is contended that the petitioner had, under the representation dated 28th January, 1999 made by the learned advocate, requested for copy of the reports of the chemical examination of the liquor allegedly recovered from the petitioner. Inspite of the said request, such reports are not furnished to the petitioner. The petitioner is thus deprived of the vital documents, without which, the petitioner could not make an effective representation. The petitioner's constitutional right has ben thus infringed. The continued detention of the petitioner is, therefore, vitiated.

5.(cid:9)It is not disputed that the reports of the chemical examination are vital documents and ought to have been considered by the detaining authority for recording his subjective satisfaction. Copies of such reports should also have been given to the petitioner along with the grounds of detention. This having not been done, the subjective satisfaction recorded by the detaining authority cannot be said to have been based on comprehensive materials and is, therefore, vitiated. It is not the case of the detaining authority that such reports were not ready or available on the date of the detention.

6.(cid:9)Petition is, therefore, allowed. The order dated 21st December, 1998; Annexure-A to the petition, is quashed and set-aside. Rule is made absolute. The petitioner, unless is required to be detained in some other case, be released forthwith. (cid:9) (cid:9)**** Prakash* (cid:9) (cid:9)