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Challenge to detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act based on irrelevant documents and delay in disposal of representation. Analysis: 1. The petitioner challenged the detention order passed under section 3(1) of the Act, contending that the detaining authority relied on irrelevant documents and there was an unexplained delay in disposing of the petitioner's representation. 2. The detention order was issued on the grounds of preventing the petitioner from dealing in smuggled goods. The Customs officers seized gold biscuits from the premises of the petitioner's firm, alleging they were smuggled as no supporting documents were produced. The petitioner claimed the gold biscuits were legally purchased and accounted for, and the confessional statements were not voluntary. 3. The detaining authority passed the impugned detention order on April 26, 1993, under section 3(1) of the Act, citing the necessity to prevent the petitioner from dealing in smuggled goods. 4. During arguments, the petitioner's counsel challenged the detention order on two grounds: reliance on irrelevant documents and delay in disposing of the petitioner's representation. The counsel specifically focused on these two grounds during the proceedings. 5. The petitioner's counsel argued that the detaining authority's reliance on irrelevant documents displayed non-application of mind, citing legal precedents like Ramesh v. State of Gujarat and others to support the contention. 6. Legal principles emphasizing the importance of the detaining authority's real and rational satisfaction, based on relevant factors and not random divination, were highlighted through past judgments like Sadhu Roy v. The State of West Bengal and Smt. Shalini Soni v. Union of India & Others. 7. The petitioner's counsel contended that certain documents relied upon by the detaining authority were irrelevant, including loose documents, summons, partner petitions, and a Panchnama. The relevance of each document was examined in detail during the proceedings. 8. The court found that some documents, like loose sheets recovered from a partner, were indeed irrelevant as they pertained to personal business and not the firm's activities, supporting the petitioner's argument. 9. The relevance of other documents, such as summons and partner petitions, was also analyzed, with the court determining the significance of each document based on its content and context. 10. The court concluded that the detaining authority had considered some irrelevant documents, which undermined the proper application of mind required for issuing a detention order. 11. While the delay in disposing of the petitioner's representation was also raised as a ground for challenge, the court granted relief solely based on the issue of reliance on irrelevant documents, finding the detention order to be illegal. 12. As a result, the writ petition was allowed, and the petitioner was ordered to be set at liberty unless required in any other case, emphasizing the importance of proper application of mind in such legal proceedings.
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