TaxTMI 
TaxTMI 
1973 (7) TMI 118
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....thereafter moved the Sessions Judge for bail and was directed on March 2, 1972 to be released on his executing a bail bond of Rs. 50,000/-. The bail bond furnished by him was accepted by the Sessions Court on March 14, 1972, on. which date of the petitioner was released from jail. On March 28. 1972, a fresh order of detention was passed by the District Magistrate, Gurdaspur, which order was approved by the State Government on April 4. 1972. It is alleged that from March 14, 1972 to February 12, 1973 the petitioner did not appear before the Court in spite of repeated directions and undertakings given by his counsel. His application for exemption-from appearance was refused and thereafter on August 17, 1972 an application was made for taking action against him under s. 7 of the Act. On February 6, 1973 the detenu was declared a proclaimed offender. On March 12, 1973 he was arrested in Delhi and produced before a Delhi Magistrate who granted a transit remand for being produced before the Court at Batala and was accordingly produced before him on March 14, 1973. On March 15, 1973, the detention order dated March 28, 1972, was served on him. Representations made by him were rejected by ....
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....Sialkot (Pakistan) and produced you before Major Akhtar and Sub. Zafar there. You along with Pritam Singh crossed the border from the left side of Indian Picket Bohar Wadala onward by the side of Dhussi band and reached Pak Picket Takhatpur, wherefrom you were taken to Pak Security Office, Shakargarh in a jeep by Sub. Zafar. There Major Akhtar and Sub. Zafar talked with you in seclusion. You gave out all the details of 10th infantry Div. to your knowledge to the Major. Your particulars were noted down on a printed form which was got signed by you and you were also got photographed. You passed on the following documents and Military Intelligence to the Pak Security Officers : - (i)...Deployment statement of the Units under 25 Div. and other connected with units other than those under 25 Div. (ii)..There was no movement of the Army Units in Dera Baba Nanak and Gurdaspur areas at that time. The Major gave you Rs. 200/- as your remuneration and assigned you following task :- (i)...To collect information about the postings and trainings of the Officers under 10 Infantry Div. (ii) To collect any secret or top secret documents from any army...O....
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....ity of State were recovered (i)...A list typed in English of Officers ACRS to be reviewed by the Brigade Commander. (ii)..One white paper i.e. printed letter pad of HQ Ambala Sub Area, Ambala Cantt. with formation sign of the Sub Area units. (iii).A rough sketch about the road from Batala Dera Baba Nanak-Kalanaur towards village Pakiwan showing some villages prepared by you to go to and from Pakistan in connection with your espionage activities, incriminating documents, along with other papers. 6.....That on interrogation you have been found to be a pak Spy. 7.....That in case FIR No. 178 referred to in Para 5 above, you have been released on bail by the District and Sessions Judge, Gurdaspur and it is now likely that you will continue your spying activities for the Pakistan Intelligence services or by crossing over to Pakistan, you are likely to divulge intelligence collected by you about our National vital installations, Military formations and Civil Defence forces, to Pak authorities which would be highly prejudicial to the security of the State in these days of Pak hostilities. It was first contended that as no return was filed by the State G....
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.... no doubt that since the first order of detention dated November 19, 1971 was not approved by the State Government that Order of detention ceased to have force after 12 days from the date of the Order and that detention order had therefore expired on December 1, 1971. Even if the first order was revoked due to a technical defect the same result follows. In Hadi Bandhu Das v. District Magistrate, Cuttack & Anr.(1) it was urged on the analogous provisions of the Preventive (1) [1969] 1 S. C. R. 227 2 8 7 Detention Act 4 of 1950 that a detaining authority may issue a fresh,. order after revocation of an earlier order of detention if the previous order was defective in point of form or had become unenforceable in consequence of a failure to comply with the statutory provisions of the Act. Negativing this contention the Court observed at pp. '233- 234 "there is nothing in s. 13(2) which indicates that the expression "revocation" means only revocation of an order which is otherwise valid and operative : apparently it includes cancellation of all orders-invalid as well as valid". In these circumstances after the date on which the order ceased to be in force, unless fresh facts had ari....
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....e that fresh fact or fact,, must be such as would provide a nexus between the object of the order of detention and the grounds of detention, was sought to be controverted by the State on the ground that the Act made a difference, between the grounds and facts which are two different connotation,, conveving different concepts. It was urged that while ground must have a nexus. with the object of the order of detention, facts stated therein need not necessarily have that nexus. We find it difficult to accept this distinction. While it is true that in s. 8 of the Act as also in its other provisions ground and facts are used in opposition to each other, they must be taken as referring to two different things. The grounds are conclusions of fact or reasons which have induced the detaining authority to pass the order of detention. Sometimes these are referred to as basic facts. Facts, however, constitute the evidence upon which the conclusions justifying the detention are made. In State of Bombay v. Atma Ram Sridhar Vaidya ([1951] S. C.R. 167 at 178), it was observed-"By their very nature the grounds are conclusions of facts and not a complete detailed recital of all the facts. The conclu....