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Issues: (i) Whether the detention order was vitiated for non-application of mind because the grounds of detention incorrectly recorded that the detenue had not retracted a statement allegedly recorded by the DRI; (ii) Whether the detention order was liable to be quashed for unexplained delay in its execution.
Issue (i): Whether the detention order was vitiated for non-application of mind because the grounds of detention incorrectly recorded that the detenue had not retracted a statement allegedly recorded by the DRI.
Analysis: The grounds of detention contained a positive assertion that the detaining authority was aware that the detenue had not sent any retraction in respect of a statement recorded by the DRI. The record showed that no statement of the detenue under Section 108 of the Customs Act, 1962 had been recorded at all, so there could be no question of retraction. The incorrect factual assertion was not a minor slip, because the existence of a statement and its retraction were relevant circumstances in the formation of satisfaction for preventive detention.
Conclusion: The detention order was vitiated by non-application of mind and was liable to be set aside.
Issue (ii): Whether the detention order was liable to be quashed for unexplained delay in its execution.
Analysis: The detention order was served about 63 days after its issuance, while the detenue was regularly attending the office of the sponsoring authority pursuant to interim bail. The grounds of detention themselves referred to the interim bail order, and the relied upon documents included that order, showing that the authority was aware of the reporting condition. The delay in serving the order remained unexplained, and the continued effectiveness of the subjective satisfaction was therefore undermined.
Conclusion: The unexplained delay in execution of the detention order independently rendered the detention unsustainable.
Final Conclusion: The detention and its confirmation were quashed, and the detenue was directed to be released forthwith.
Ratio Decidendi: In preventive detention matters, an incorrect factual assumption going to the basis of subjective satisfaction, and an unexplained inordinate delay in execution of the detention order, each vitiates the detention.
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