1993 (8) TMI 306

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....y the Joint Secretary to the Government of .India, respondent No.2, against the petitioner under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. (2) The allegations as revealed from the grounds of detention are as under:- (3) On search of the flat No.BE7C,DDA Munirka, from where the petitioner was operating, the Officers of the Central E....

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....3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities,Act,1974. (6) Learned counsel for the petitioner has taken a short ground in support of his submission that the detention order suffers from patent illegality and cannot stand. He has invited my attention to para 11 of the grounds of detention which reads as under: "While passing the detention order under the....

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....ccompanying the grounds of detention, which is an 371 application dated February 22, 1993 of Shri Satish Aggarwal, Senior Ssp for inspection of court papers, by no stretch of imagination can be said to be relevant for forming the subjective satisfaction in regard to the detention of the petitioner. (9) Similarly the application dated February 15, 1993 (S.No.114) of one Chander Anand, for grant ....

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....ly and in a casual manner. It betrays non-application of mind by the detaining authority to the material placed before it. (12) It may be noted that in para 12 of the counter-affidavit filed by the detaining authority an attempt has been made to salvage the situation by denying that any irrelevant material was relied upon in arriving at the subjective satisfaction. Para 12 of the counter affida....