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2018 (8) TMI 1611 - HC - CustomsPreventive detention - Jurisdiction - whether that is a sufficient ground for invoking the extraordinary measure of preventive detention? - COFEPOSA Act. Detention of Mr. Sanjay Agarwal - Held that:- It is apparent to the Court that the Detaining Authority was unclear about the grounds on which it should authorise the detention of Mr. Sanjay Agarwal. This is evident from the reading of para 34 where repeatedly the word ‘or’ is used to separate out the different grounds. This is suggestive of two things: first, the Detaining Authority was unsure if the facts brought on record constituted one or more of these grounds; and second, there was in fact non-application of mind as simply taking the wording of the Section 3(1) COFEPOSA and repeating it as part of the grounds would not constitute a finding arrived at after an application of mind - This is not an issue of mere vagueness, but of absolute non-application of mind. Detention of Mr. Ajay Agarwal - Held that:- The detention order in respect of Ajay Aggarwal sites past instances but nothing in the present. The absence of any live link with any present instance is nowhere discernible on a reading of the grounds of detention. Further, by not referring to the conditions attached to the grant of anticipatory bail, to simply state that Mr. Ajay Aggarwal would continue to indulge in activities related to smuggling demonstrates a non-application of mind by the Detaining Authority to the facts governing his case. The detention orders dated 1st June 2018 passed in respect of each of the Petitioners, i.e. Mr. Sanjay Agarwal and Mr. Ajay Agarwal, to be unsustainable in law and they are accordingly hereby quashed - petition allowed.
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