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2020 (2) TMI 627

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..... SECRETARY (COFEPOSA) , GOVT. OF INDIA, MINISTRY OF FINANCE VERSUS DIMPLE HAPPY DHAKAD [2019 (8) TMI 139 - SUPREME COURT] where it was held that the ‘satisfaction’ of the detaining authority is ‘subjective’ in nature and the Court cannot interfere with the order of detention by substituting its opinion for the subjective satisfaction of the Detaining Authority - this Court is of the view that the order of the Apex Court applies to the present case on all fours The present writ petition is allowed and the petitioner-detenue is directed to be released forthwith, if not wanted in any other case. Application disposed off. - W.P.(CRL) 2528/2019 - Dated:- 5-2-2020 - MR. MANMOHAN AND MS. SANGITA DHINGRA SEHGAL JJ. Petitione .....

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..... he grounds of detention it is clearly stated that the petitioner appears to be part of a ring of smugglers, and between March, 2013 and March, 2015 731.705 Kgs. of gold were seized, which trace themselves back to this ring, worth around ₹ 204.60 Crores. The petitioner s statement was also recorded on 24/25.09.2019 which, however, was retracted on 27.09.2019. After hearing Mr. Saurav Kirpal, learned Advocate for the petitioner and Mr. K.M. Nataraj, learned Additional Solicitor General for the Union of India, this petition is being disposed of on the ground that there is no proximate link between the events of March, 2013 and March, 2015 and the detention order, which is over four years later. On this ground alone, this writ petition is .....

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..... tendra Rokad and that they had received their share of the profits from the sale of the smuggled gold. These facts were also confirmed by Shri Jitendra Rokad in his statement recorded on 29.06.2019. (emphasis supplied) 7. Keeping in view the aforesaid ground of detention, this Court is of the view that the order of the Apex Court in Pramodgiri Premgiri Goswami Vs. Union of India & Ors. (supra) applies to the present case on all fours as there is no proximate link between the events of January, 2014 to July, 2015 and the impugned detention order - which is nearly four years later. Consequently, present writ petition is allowed and the petitioner-detenue is directed to be released forthwith, if not wanted in any other case. CRL.M.(Bail) N .....

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