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2013 (6) TMI 302 - HC - CustomsPreventive detention orders in the case of Rohit Sakhuja and Ajit Singh Chadha @ Romy - detention vide order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - whether there was an imminent possibility that Rohit Sakhuja and Ajit Singh Chadha would be released on bail, though they were in judicial custody in the criminal case(s) pending against them? - Held that:- The detention orders cannot be sustained as there is a clear lapse and failure on part of the Detaining Authority to examine and consider the pertinent question relating to imminently possibility of the detenu being granted bail in the criminal cases in which they were detained while passing the detention orders. As decided in Binod Singh v. District Magistrate, Dhanbad, Bihar & Ors., (1986 (9) TMI 387 - SUPREME COURT) if a detenu is in police or judicial custody and there is no imminent possibility of his release, the rule is that the power of preventive detention should not be exercised. However, when there is imminent possibility that the person in custody may be released, power of preventive detention can be exercised. As decided in REKHA VERSUS STATE OF T. NADU TR. SEC. TO GOVT. & ANR (2013 (2) TMI 189 - SUPREME COURT OF INDIA) when an order under preventive detention law is under challenge before a court, there are limited grounds or reasons on which it can be invalidated or struck down. The procedural requirements are only safeguards available to the detenu since the court is not expected to go into the subjective satisfaction of the detaining authority. Procedural requirements, as per judicial pronouncements, have to be strictly complied with. Preventive detention is an extreme step which is required and may be justified, but when a detention order does not meet the prescribed parameters and fails to comply with the procedural requirements, the order stands vitiated and has to be struck down. Thus the impugned detention orders are quashed and set aside, however, this order will not affect the criminal cases and various FIRs which are pending against Rohit Sakhuja and Ajit Singh Chadha.
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