TMI Blog1988 (4) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... re acting at his behest. The role of the petitioner has been detailed in the grounds showing how he got illegally siphoned the foreign exchange to the tune of about 2 crores of rupees out of the country. The grounds also referred to the statements made by Sita Ram Aggarwal which indicated that the petitioner was travelling by air under assumed names and has been dodging the authorities when they attempted to contact him, before he was apprehended in a Calcutta hotel. It is further said that the petitioner’s firm M/s. B.N. Corporation of Hong Kong received remittances through bank worth ₹ 85-90 lacs during the year 1986 but did not supply or ship any goods for which the invoices were supposed to have been issued. Some of the documents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 number of foreign firms in Hong Kong and Singapore : On 20-2-1987, one Sita Ram Aggarwal, associate of the petitioner, disclosed during his interrogat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 satisfied that compelling necessity existed for the detention. It is said that none of these conditions is satisfied. 5. Mr. Kuldip Singh, the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrate 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 indulging in activities prejudicial to the conservation of foreign exchange resources, and not to facilitate his trial in a criminal case nor as a pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 behalf of the respondents before the Additional Chief Metropolitan Magistrate, it must be held that his detention was not called for. Reliance was pla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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