9911796707
TMI Blog1993 (8) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment of .India, respondent No.2, against the petitioner under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. (2) The allegations as revealed from the grounds of detention are as under:- (3) On search of the flat No.BE7C,DDA Munirka, from where the petitioner was operating, the Officers of the Central Economic Intelligence Bureau recovere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... change and Prevention of Smuggling Activities,Act,1974. (6) Learned counsel for the petitioner has taken a short ground in support of his submission that the detention order suffers from patent illegality and cannot stand. He has invited my attention to para 11 of the grounds of detention which reads as under: "While passing the detention order under the Conservation of Foreign Exchange and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which is an 371 application dated February 22, 1993 of Shri Satish Aggarwal, Senior Ssp for inspection of court papers, by no stretch of imagination can be said to be relevant for forming the subjective satisfaction in regard to the detention of the petitioner. (9) Similarly the application dated February 15, 1993 (S.No.114) of one Chander Anand, for grant of 'B' Class facility in Jail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of mind by the detaining authority to the material placed before it. (12) It may be noted that in para 12 of the counter-affidavit filed by the detaining authority an attempt has been made to salvage the situation by denying that any irrelevant material was relied upon in arriving at the subjective satisfaction. Para 12 of the counter affidavit reads as under- " It is wrong to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isfaction though it considered all of them and that mere consideration of the same does not mean that reliance was placed upon them. This self serving assertion of the detaining authority is contrary to the categorical statement made in the grounds of detention and does not advance its case. The counter-affidavit also does not disclose which of the documents were merely considered and which were r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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