1987 (7) TMI 348

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....d V.D. Govilkar, for the Respondents. [Oral Judgment per : Daud J.].  - This petition takes exception to an order for detention passed against the petitioner on 12th February, 1987 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the 'COFEPOSA'. 2. On 10th December, 1986 at 4.45 hours the Customs A....

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....ms Department. Accused to attend Customs Department daily." An officer of the Customs was present when the aforementioned order was passed and he recorded the following for intimating his superiors : "Mr. Thakkar opposes bail. Bail of Rs. 50,000/-. Passport permitted to be detained." 3. On 12th February, 1987 the detention order impugned in this petition came to be passed. The same, along....

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....plied with that condition. It is argued that a material factor bearing on the subjective satisfaction of the detaining authority not having been taken into consideration, the said order stands vitiated. In the affidavit-in-reply filed by the detaining authority, we get the following: "I say that the petitioner has been served with the remand application bearing No. RA 601/86 and in the margin o....

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....nder Article 22(5) of the Constitution of India." The foregoing, does not show any awareness on the part of the detaining authority as regards the condition of daily attendance imposed upon the petitioner. Nor does it appear that he was informed of the petitioner complying with the condition of daily attendance. These were matters of vital importance. The primary fact of the sex of the petition....