9911796707
TMI Blog1988 (4) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... on directly before this Court under Article 32 of the Cosntitution which has been registered as Criminal Writ Petition No. 830 of 1987. 2. In January, 1987, on receipt of a confidential information by the Directorate of Enforcement, Delhi Zone, New Delhi, that a group of persons were engaged in illegal activities causing remittances of large amounts of money to foreign countries, an inquiry was instituted. It appeared that the remittances were ostensibly made for import of certain goods on the basis of forged documents and actually goods were not received from outside. Information collected in the course of inquiry disclosed that a number of persons were engaged in the criminal activities and were operating through five Indian firms and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed notice to be issued only on two of the grounds taken by the petitioner, namely, whether there was compelling necessity for passing the order as the petitioner was already in judicial custody, and whether the order was passed for the collateral purpose to frustate the grant of bail and was punitive in nature . 4. The learned counsel for the petitioner has contended that the impugned order amounts to double detention of the petitioner as he was already in jail when the detention order was made. Relying upon several decisions of this Court it was argued that it was essential for the detaining authority to have been aware of the fact that the petitioner was already in jail and was likely to be released on bail and further he had to be satis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g authority reminded the petitioner that an application for bail moved on his behalf was going to be heard by the Additional Chief Metropolitan Magistrate on 13-4-1987. In paragraph 38, the order passed on the bail application of the petitioner's associate Sita Ram Aggarwal was referred to. Thereafter, the detaining authority had mentioned his satisfaction about the necessity of the detention. 6. On the question as to whether the detaining authority was satisfied about the compelling necessity for the detention order also, there is no merit in the petitioner's case. It is true that the order could not have been passed for the purpose of circumventing the expected bail order. The object of detention has to be prevention of a detenu from ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the invoices were supposed to have been issued. Some of the documents are alleged to bear his signatures. We do not think it necesary to deal with the grounds in greater detail. The statements indicate that the offences in respect of which the detenu is accused of are, in language of Mukharji, J., in Suraj Pal Sahu v. State of Maharashtra : 1986 (4) S.C.C 378, "so interlinked and continuous in character and are of such nature" that they fully justify the detention order. In the circumstances, we do not doubt the satisfaction of the detaining authority specifically recorded in paragraph 41 of the grounds. 7. It was also urged on behalf of the petitioner that since the prayer for bail made on behalf of the petitioner was not opposed on behal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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