1989 (9) TMI 394

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....f the Constitution of India read with Section 482. Code of Criminal Procedure seeking quashment of the detention order dated February 28, 1989 passed under Section 3(1) of the Cofeposa Act with a view to preventing The petitioner from acting in any manner prejudicial to the augmentation of foreign exchange. (2) Various grounds have been taken for challenging the impugned order but it is not neces....

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.... (4) In Ground Xx, it has been averred in the writ petition that the aforesaid statement of Krishan Kumar Aggarwal which has been relied upon by the detaining authority in passing the detention order, not a single word has been uttered with regard to any prejudicial activity of the petitioner. (5) In the counter-affidavit filed by Shri A. K. Batabyal, Joint Secretary in the Ministry of Finance wh....

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....ally irrelevant document. It is evident that an irrelevant material has been taken into consideration by the detaining authority in reaching the subjective satisfaction for passing the impugned order. (6) The learned counsel for the petitioner has cited Smt. Shalini Soni versus Union of India; 1980CriLJ1487 wherein the Supreme Court has laid down the law : "IT is an unwritten rule of the la....

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....rential conclusions." (7) A Single Bench of this Court in Diwan Singh Verma versus Union of India & others; 1988 (2) DL 197(2) also considered this very point. In the cited case certain documents had been relied upon in reaching the subjective satisfaction of the determine authority which had no link whatsoever with the activity of the detenu. The Court observed that if the detaining authori....