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2015 (9) TMI 1494 - HC - FEMADetention order challenged - Held that:- The language of Section 5A of COFEPOSA makes it abundantly clear that if the order of detention is made on two or more grounds, the said order of detention shall be deemed to have been separately on each ground and accordingly the detention order shall not be deemed to be invalid merely because one or some of the grounds is or are invalid. In the present case, the bail applications relating to co-accused Manjunath, although was not supplied to the detenue along with the relied upon documents, RUD 32 i.e. bail application No.551/2015 within the prescribed time, but it was supplied on 02.06.2015 and this would not vitiate the detention order as it had been filed before the filing of the representation by the detenue. More the reason, the bail application of co-accused Manjunath is not the ground for detention of the detenue In the present case, the detention order has been passed on 27.04.2015 on the grounds mentioned in para 37.1 and does not have any mention about the bail application of co-accused Manjunath. The bail application filed by co-accused Manjunath does not have any bearing on the grounds of detention, however the order passed in the bail application has already been supplied and even the copy of the bail application has been supplied immediately after serving the detention order along with the grounds of detention, without causing any delay in filing the representation. We have reached the conclusion that the grounds of detention constitute a separate and independent ground under Article 22(5) of the Constitution of India read with Section 5A of COFEPOSA. The said grounds can be separated by applying the principle of segregation. The said grounds and the detention do not suffer from any infirmity.In view of the aforesaid reasons, we do not find any merit in the present writ petition
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