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1987 (4) TMI 398 - SC - FEMAWhether the impugned order of detention was based on no material inasmuch as R.C. Singh was not a gazetted officer of enforcement and, therefore, the statements recorded by him had no evidentiary value whether the statements recorded by him could be treated to be statements relatable to section 39(b) of the Foreign Exchange Regulation Act and could still from the basis for such satisfaction? Whether there was non-application of mind on the part of the detaining authority and, therefore, the impugned order of detention was bad as there were factual mis-statements detailed in items A to F of the gorunds of detention? Whether there was infraction of the constitutional safeguards contained in article 22(5) due to the failure on the part of the Central Government to consider the representation filed by the detenu under section 8(b) read with section 11 of the Act, alleged to have been presented through one Ashok Jain and received at the President’s Secretariat on April 15, 1986, and, therefore, the continued detention of the petitioner was rendered invalid and unconstitutional? Held that:- Appeal dismissed.this is a fit case in which the detenu, his wife (petitioner herein), Ashok Jain and all other persons responsible for the fabrication of false evidence should be prosecuted for the offences committed by them. Nevertheless we wish to defer the passing of final orders on the application made under section 340 of the Code of Criminal Proceedure, 1973, by the Union of India at this stage because of the fact that the Central Bureau of Investigation is said to be engaged in making a thorough investigation of the matter so that suitable action could be taken against all the perpetrators of the fraudulent acts and the offences. As such, the launching of any prosecution against the detenu and his set of people at this stage forthwith may lead to a premature closure of the investigation resulting in the Central Bureau of Investigation being unable to unearth the full extent of the conspiracy.
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