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2019 (9) TMI 433 - HC - CustomsValidity of Detention order - smuggling - Gold of Foreign Origin - confessions obtained under Section 108 of the Customs Act, 1962 - HELD THAT:- A perusal of grounds of detention and in particular paragraph 7 thereof, clearly reflects that, it is completely bereft of any material expressed therein for the Detaining Authority to arrive at the conclusion to the effect that ‘there is immediate possibility of your release from judicial custody’. Further, as is axiomatic from a reading of the same paragraph, the Detaining Authority was aware that the detenus were in judicial custody at the Presidency Correctional Home, Alipore, Kolkata, at the time of passing of the impugned order. In the absence of cogent material, the statement in the grounds of detention regarding the alleged imminent possibility of the detenus’ coming out on bail, is mere ipse dixit, untenable and without any cogent basis, and consequently has to be ignored. In our considered view, therefore, in the absence of reliable material to this effect, the detention order is vitiated and cannot be sustained. Co-ordinate Benches of this Court in Navpreet Kaur Chadha [ 2013 (6) TMI 302 - DELHI HIGH COURT ] and Sandhya Jain [ 2017 (6) TMI 35 - DELHI HIGH COURT ], it is made clear, categorical and unequivocal that the settled position of law is that when the detenus are in judicial custody and there is no imminent possibility of their release on bail and even no bail applications are pending, the power of preventive detention ought not to be exercised. Threshold objection raised on behalf of the official respondent to the effect that, in view of the pendency of the representations before the Advisory Board – which has adequate powers to examine the entire material - HELD THAT:- The present writ petition ought not to be determined at this stage is concerned, the same cannot be countenanced in view of the decision of the Hon’ble Supreme Court Piyush Kantilal Mehta vs. Commissioner of Police, Ahmedabad City and Another [ 1988 (12) TMI 339 - SUPREME COURT ] where it was held that The concerned detenus be released forthwith, if not required to be detained in any other case - Petition allowed.
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