TMI Blog2006 (2) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment and order dated 30th March, 2004 passed by the High Court of Karnataka in Writ Petition No. 92/2003 whereby and whereunder the writ of habeas corpus filed by the appellant was dismissed. The appellant s husband D.K. Jain was a licensee under Foreign Trade (Development and Regulation) Act, 1992. He was carrying on business under the name and style of M/s. Amisha International. On or about 9.6.1997 the said firm obtained a letter of permission for manufacturing powder grade silk yarn under the 100% Export Oriented Unit Scheme and Importer Exporter Code issued by the Development Commissioner, Cochin Special Economic zone (CEPZ). In terms of the said letter of permission the firm was required to fulfill export obligations specified therein and to achieve the value addition. Having obtained an information that the said firm was diverting duty free mulberry raw silk yarn imported under the said scheme to the domestic market for undue monetary gains instead of using the same for manufacturing purpose wherefor the said permission had been granted and in place of exporting powder grade silk yarn, had been exporting bricks and other waste material, raids were conducted at Bangalore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 (1) SCC 1]. It was submitted that a distinction must be made in the matter of supply of a copy of the bail application in a case where the detenu is in custody and in a case where he was free on the date of passing of the order of detention. The learned counsel would submit that whereas in the former case neither a copy of the bail application nor an order of bail is required to be placed before the detaining authority by the sponsoring authority, in the latter case, the same is imperative in nature. It was urged that in the instant case it is evident from the records that neither the copy of the bail application nor the order of the court granting bail to the detenu had been placed before the detaining authority. It was furthermore argued that the High Court committed a manifest error in rejecting the said contention of the appellant stating that he must have been aware of the contents of the bail application and, thus, was not prejudiced in any manner whatsoever. The constitutional mandate contained in Article 22 of the Constitution of India, Mr. Mani would argue, must be complied with wherefor supply of relevant material is imperative. In support of the said contention relianc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority it does not amount to suppression of relevant material. The question of non-application of mind and satisfaction being impaired does not arise as long as the detaining authority was aware of the fact that the detenu was in actual custody." It was, however, observed: "(6) In a case where detenu is released on bail and is at liberty at the time of passing the order of detention, then the detaining authority has to necessarily rely upon them as that would be a vital ground for ordering detention. In such a case the bail application and the order granting bail should necessarily be placed before the authority and the copies should also be supplied to the detenu." We do not think that the aforementioned enunciation of law is of universal application. We would deal with this aspect of this matter a little later. In M. Ahamedkutty (supra) this Court was dealing with a case where an order of bail was passed on the condition that he would report before the Customs Authority on every Wednesday and would not change his residence without prior permission of court. This Court in the aforementioned fact situation opined that non-consideration of the order passed on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in furtherance of the order of bail. If pursuant to or in furtherance of such conditions he may not be able to flee from justice, that may be held to be relevant consideration for the purpose of passing an order of detention but the converse is not true. Some such other grounds raised in the application for bail and forming the basis of passing an order of bail may also be held to be relevant. It would, however, not be correct to contend that irrespective of the nature of the application for bail or irrespective of the nature of the restrictions, if any, placed by the court of competent jurisdiction in releasing the detenu on bail, the same must invariably and mandatorily be placed before the detaining authority and the copies thereof supplied to the detenu. The decisions relied upon by Mr. Mani in our opinion do not lay down as universal rule that irrespective of the facts and circumstances of the case it would be imperative to place all applications for bail as also the orders passed thereupon before the detaining authority and copies thereof supplied to the detenu. On the petitioner s own showing, only that part of the application for grant of bail that the offence in questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er alia held: "From the above observations, it is clear that placing of the application for bail and the order made thereon are not always mandatory and such requirement would depend upon the facts of each case." In Radhakrishnan Prabhakaran v. State of T.N. and Others [(2000) 9 SCC 170], this Court clearly held that only such documents are required to be supplied which are relevant stating : "8. We may make it clear that there is no legal requirement that a copy of every document mentioned in the order shall invariably be supplied to the detenu. What is important is that copies of only such of those documents as have been relied on by the detaining authority for reaching the satisfaction that preventive detention of the detenu is necessary shall be supplied to him. It is admitted by the learned counsel for the petitioner that the order granting bail has been supplied to him. Application for bail has been submitted by the detenu himself when the order of detention was passed which was subsequent to the order granting bail. We cannot comprehend as to how a prior order rejecting bail would be of any relevance in the matter when it was later succeeded ..... X X X X Extracts X X X X X X X X Extracts X X X X
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