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Issues: Challenge to detention order under COFEPOSA based on non-consideration of detenu's reply to show cause notice by the Detaining Authority.
Analysis: 1. Detention Order Challenge: The petitioner, wife of the detenu, challenged the detention order issued under COFEPOSA by the Detaining Authority. The detention was based on the suspicion of the detenu being involved in smuggling activities, particularly after the seizure of gold bars and subsequent investigations. The detenu had also been issued a show cause notice under the Customs Act, to which he responded by denying the allegations. 2. Contentions Raised: The petitioner heavily relied on the contention that the Detaining Authority failed to consider the detenu's reply to the show cause notice, which was crucial in forming the subjective satisfaction for the detention order. The absence of the detenu's reply before the Detaining Authority was argued to have impaired the validity of the detention order. 3. Legal Analysis: The court found merit in the petitioner's contention, emphasizing that the detenu's reply to the show cause notice was a vital document that should have been presented before the Detaining Authority. Referring to a previous Supreme Court judgment, the court highlighted the significance of considering such replies in forming the subjective satisfaction necessary for a detention order. 4. Affidavit Response: The respondents argued through an affidavit that the detenu's reply would not have influenced the Detaining Authority's decision. However, the court rejected this argument, stating that the Detaining Authority must consider all relevant material, including the detenu's denial in the reply, to make an informed decision on the necessity of detention. 5. Judgment: Ultimately, the court held that the Detaining Authority's subjective satisfaction was indeed vitiated due to the failure to present the detenu's reply before issuing the detention order. As a result, the court allowed the writ petition, quashed the detention order, and ordered the detenu's immediate release if not required in any other case. 6. Conclusion: The judgment underscores the importance of presenting all relevant materials, including the detenu's responses, before the Detaining Authority to ensure a valid and lawful detention order under COFEPOSA. Failure to consider such crucial documents can lead to the vitiation of the subjective satisfaction required for detention orders.
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