TaxTMI 
TaxTMI 
TaxTMI 
2006 (2) TMI 600
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....Unit Scheme and Importer Exporter Code issued by the Development Commissioner, Cochin Special Economic zone (CEPZ). In terms of the said letter of permission the firm was required to fulfill export obligations specified therein and to achieve the value addition. Having obtained an information that the said firm was diverting duty free mulberry raw silk yarn imported under the said scheme to the domestic market for undue monetary gains instead of using the same for manufacturing purpose wherefor the said permission had been granted and in place of exporting powder grade silk yarn, had been exporting bricks and other waste material, raids were conducted at Bangalore and at Cochin Port on 29.1.2003. Several incriminating documents and properties were seized. The statement of the husband of the appellant (the detenu) in terms of Section 108 of the Customs Act was recorded. Another statement of his was recorded under the said provision on 30th January, 2003. He was also arrested on the said date. An application for bail was moved by him before the Special Economic Offences Court on the said date itself, the contents whereof are as under: "Application U/S 436 of the Criminal Procedure ....
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....ant case it is evident from the records that neither the copy of the bail application nor the order of the court granting bail to the detenu had been placed before the detaining authority. It was furthermore argued that the High Court committed a manifest error in rejecting the said contention of the appellant stating that he must have been aware of the contents of the bail application and, thus, was not prejudiced in any manner whatsoever. The constitutional mandate contained in Article 22 of the Constitution of India, Mr. Mani would argue, must be complied with wherefor supply of relevant material is imperative. In support of the said contention reliance was placed in Mrs. Tsering Dolkar v. Administrator, Union Territory of Delhi & Ors. [1987 (2) SCC 69], Johney D'Couto v. State of Tamil Nadu [1988 (1) SCC 116] and Smt. Icchu Devi Choraria v. Union of ndia & Ors. [1980(4) SCC 531]. Mr. Gopal Subramanium, learned Additional Solicitor General appearing on behalf of the respondents, on the other hand, submitted that in the instant case a copy of the bail application was not required to be placed before the detaining authority. It was urged that the order of detention dated 12.6.200....
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....ily rely upon them as that would be a vital ground for ordering detention. In such a case the bail application and the order granting bail should necessarily be placed before the authority and the copies should also be supplied to the detenu." We do not think that the aforementioned enunciation of law is of universal application. We would deal with this aspect of this matter a little later. In M. Ahamedkutty (supra) this Court was dealing with a case where an order of bail was passed on the condition that he would report before the Customs Authority on every Wednesday and would not change his residence without prior permission of court. This Court in the aforementioned fact situation opined that non-consideration of the order passed on the said petition for bail would amount to non-application of mind on the part of the detaining authority holding: "Considering the facts in the instant case, the bail application and the bail order were vital materials for consideration. If those were not considered the satisfaction of the detaining authority itself would have been impaired, and if those had been considered, they would ....
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....sing an order of bail may also be held to be relevant. It would, however, not be correct to contend that irrespective of the nature of the application for bail or irrespective of the nature of the restrictions, if any, placed by the court of competent jurisdiction in releasing the detenu on bail, the same must invariably and mandatorily be placed before the detaining authority and the copies thereof supplied to the detenu. The decisions relied upon by Mr. Mani in our opinion do not lay down as universal rule that irrespective of the facts and circumstances of the case it would be imperative to place all applications for bail as also the orders passed thereupon before the detaining authority and copies thereof supplied to the detenu. On the petitioner's own showing, only that part of the application for grant of bail that the offence in question is a bailable, was relevant. No other submission had been raised at the bar. Whether a provision of law is bailable or not is a question of law. The same is presumed to be known to courts and/or the detaining authority. It may not be necessary even to be stated in the application for bail. If a person had been released on bail on the ground....
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....shnan Prabhakaran v. State of T.N. and Others [(2000) 9 SCC 170], this Court clearly held that only such documents are required to be supplied which are relevant stating : "8. We may make it clear that there is no legal requirement that a copy of every document mentioned in the order shall invariably be supplied to the detenu. What is important is that copies of only such of those documents as have been relied on by the detaining authority for reaching the satisfaction that preventive detention of the detenu is necessary shall be supplied to him. It is admitted by the learned counsel for the petitioner that the order granting bail has been supplied to him. Application for bail has been submitted by the detenu himself when the order of detention was passed which was subsequent to the order granting bail. We cannot comprehend as to how a prior order rejecting bail would be of any relevance in the matter when it was later succeeded by the order granting bail" In Smt. Icchu Devi Choraria (supra) , this Court emphasized that the right to be supplied copies of the documents, statements and other materials re....