TaxTMI 
TaxTMI 
TaxTMI 
1988 (12) TMI 180
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....irectorate under Section 37 of Foreign Exchange Regulation Act, 1973 and they seized currency notes of Rs. 1 lakh and four bank drafts amounting to Rs. 30,000/-, bank pass book and loose sheets Nos. 1 to 44 as per item No. 2 in panchnama dated August 25,1987. The statement of detenu was recorded and he was arrested on the same day. On August 26,1987 the detenu made an application in the Court of Addl. Chief Metropolitan Magis-trate, 8th Court at Esplanade retracting his statement. The Magistrate made an order thereon that "Taken on record". An application for bail was moved on September 15,1987 and an order had been made on that day releasing him on bail of Rs. 1 lakh with a condition imposed that he would attend Enforcement Department Offi....
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....the subjective satisfaction of the detaining authority and consequently the order of detention is illegal and bad. A Rule Nisi was issued. 5. A return was filed by the respondent No. 1 wherein the detaining authority denied the allegations and stated that all vital and material documents which had been considered in forming his subjective satisfaction and mentioned in the grounds have been supplied to him and as such the impugned order of detention is not illegal and bad. The Criminal Writ Petition was, therefore, dismissed. 6. Aggrieved by the judgment of the High Court, the instant appeal on special leave has been filed. 7. It was firstly contended on behalf of the appellant that the application for bail and the order dated S....
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....ng the detenu to appear before the office of the Enforcement Department every day between 11 a.m. to 2 p.m. has been varied to the extent that "the accused to attend Enforcement Department as and when required". The condition imposed by the Magistrate has no relation to the activities carried on by the detenu and as such the High Court after considering all the circumstances held that the order varying the condition of bail was not a relevant document and failure to produce the document before the detaining authority before arriving at his subjective satisfaction had not vitiated the order. We agree with the same. 8. The judgment delivered by the High Court, Bombay in Criminal Writ Petition No. 1304 of 1987 entitled Arvindbhai Purshot....
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....ief Metropolitan Magistrate, 8th Court, Esplanade retracting his statement whereon an order was made that "taken on record". This application was not placed before the detaining authority and this has vitiated the detention order as this vital document was not considered before arriving at the subjective satisfaction by the detaining authority. It may be convenient to mention that in the counter-affidavit to the writ petition the respondent No. 1 has stated in para 5 that the application dated August 26, 1987 and the order passed thereon was not placed before him as the Sponsoring Authority did not know about the said application dated August 26,1987 and the order thereon. The Enforcement Directorate was not aware of the said application an....
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....e detenu. It has been strenuously contended on behalf of the appellant that Bank pass books and some pages out of 1 to 44 of the loose sheets bunched together and referred to in the panchnama were not given to him and so he could not make an effective representation. This has infringed his right. In support of his submission the decision of this Court in Ashok Kumar v. Union of India and Ors. -1988 (1) Scale 194 = 1988 (35) E.L.T. 441 (S.C.) (to which one of us is a party) has been cited at the bar. There is no dispute that all the documents which were considered by the detaining authority in reaching his subjective satisfaction and referred to in the grounds of detention have been furnished to the detenu. It is not necessary to furni....