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TMI Blog1988 (10) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to hand over this foreign made gold at Amritsar Border to one Sukha Pahalwan and Hardayal alias Dayala. They in their turn used to give it to one Vinod Kumar alias M.P. and Vinod used to carry the gold in truck to Delhi and give it to the detenu Diwan Singh Verma and co-detent Raghubir Prasad Sharma. "These two in their turn used to dispose of the gold in Agra and Mathura. (3) On 28th of February 1988 one Maruti car No. Ddq 6910 was intercepted at Delhi Haryana border at Faridabad. There were four persons Narinder Pal Singh, his wife, co-detent Raghubir Prasad and a child traveling in that car from which 200 gold biscuits were alleged recovered. Thereafter, 79 more gold biscuits were recovered from a place at Pahar Ganj, allegedly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Mr. R. M. Bagai, learned counsel for the detenu, is that in the grounds of detention it is clearly stated by the detaining authority that while passing the detention order he has relied on the documents mentioned in the list enclosed with the grounds of detention. Mr. Bagai's submission is that apart from other documents a set of documents appearing at pages 63 to 72 of the writ petition was also delivered to him thereby indicating that in making the detention order the detaining authority has also relied on this set of documents. Mr. Bagai has read out the contents of these documents before me in the presence of the learned counsel for the other side and there is no dispute in respect of the fact that these documents do not contai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s placed before the detaining authority the word 'chimti' was written in Hindi. All the documents seized from the residence Of the petitioner and co-detent Shri R. P. Sharma were relevant and hence considered by the detaining authority before passing the order of detention. As such, the question of non-application of mind by the detaining authority does not arise." (9) Now this is the kind and quality of the reply to the contention raised by the detenu. Mr. Lokur on behalf of the Central Government wants to supplement it with the argument that, in fact, these documents are contained in the Panchnama and what was considered was the Panchnama. Moreover, he has urged that since there is sufficient material apart from these docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of law. In the present case, both in the grounds of detention as also in the return the detaining authority insists that it has relied on this set of documents also in arriving at subjective satisfaction. The documents are the same as are appearing at pages 63 to 72 of the Writ Petition and I have already indicated that there is nothing in these documents which would show any link of the detenu or his accomplice with the alleged prejudicial activity. If the detaining authority had really applied its mind and if the subjective satisfaction were really based on proper application of mind the detaining authority would not have said that it has also relied on this set of documents. There was nothing to prevent the detaining authority from sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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