Home Case Index All Cases Customs Customs + SC Customs - 2005 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (10) TMI 493 - SUPREME COURTOrder of detention dated 3-11-2004 issued by Respondent 2 whereby the father of appellant has been detained in terms of the COFEPOSA - Held that:- Perusal of the proposal made by the sponsoring authority and the order of detention passed by the detaining authority would show that except by substituting word "he" by "you" no other change was effected. As from the records produced before us it would be evident that there had been due application of mind on the part of Respondent 2 in passing the order of detention. This may be so but keeping in view the safeguards envisaged under Article 22 of the Constitution it was absolutely essential for the second respondent herein to apply her mind not only at the time of grant of approval to the proposal for detention but also when the actual order of detention and grounds thereof are prepared. To the aforementioned extent there has been no application of mind on the part of the second respondent herein, and, thus, we are of the opinion that the impugned order of detention dated 3-11-2004 cannot be sustained.
|