1988 (2) TMI 66 - SC - Customs

Whether there was sufficient cause for the detention of the appellant? Held that - Unable to accept the contention made on behalf of the appellant that there has been non-application of mind by the detaining authority to the relevant facts. The detaining authority besides being aware of the fact that the appellant was already in detention, has taken into consideration the relevant facts before passing the impugned order of detention under the Act, which is apparent from the grounds of detention. In the circumstances, the contention that the impugned order of detention should be struck down on the ground of non-application of mind by the detaining authority, is rejected. In the instant case, having regard to the nature of the grounds furnished to the detenu, there is hardly any justification to find fault with the order of detention. Appeal dismissed.

Issues Involved:
1. Validity of the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
2. Awareness of the detaining authority about the appellant's existing detention under Section 135 of the Customs Act.
3. Compelling reasons for preventive detention despite existing detention.
4. Examination of witnesses and assistance of a friend before the Advisory Board.
5. Delay in disposal of representations by the government and detaining authority.
6. Supply of documents relied upon by the detaining authority.
7. Application of mind by the government while confirming the detention for the maximum period.

Detailed Analysis:

1. Validity of the Detention Order:
The appellant challenged the validity of his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Supreme Court upheld the detention order, emphasizing that the detaining authority was aware of the appellant's involvement in smuggling activities and had sufficient grounds to justify preventive detention.

2. Awareness of the Detaining Authority:
The appellant argued that the detaining authority did not consider his existing detention under Section 135 of the Customs Act. The Court found that the detaining authority was fully aware of the appellant's detention, as it was explicitly mentioned in the grounds of detention. The Court stated, "It is enough if it appears from the grounds of detention that the detaining authority is aware of the fact that the detenu is already in detention."

3. Compelling Reasons for Preventive Detention:
The Court held that even if the detaining authority assumed the offence was bailable, it did not affect the validity of the detention order. The Court cited previous judgments, stating, "There must be compelling reasons to justify his preventive detention in spite of the fact that he is already under detention on a charge of a criminal offence." The grounds of detention disclosed such compelling reasons, justifying the preventive detention.

4. Examination of Witnesses and Assistance of a Friend:
The appellant contended that the Advisory Board violated principles of natural justice by not examining his witnesses and denying him the assistance of a friend. The Court found no merit in this contention, noting that the appellant did not make a specific request to the Advisory Board during the hearing. The Court stated, "The appellant should have made a specific prayer before the Advisory Board that he would examine witnesses, who were standing outside."

5. Delay in Disposal of Representations:
The appellant argued that there was unreasonable delay in disposing of the representations made by his wife and himself. The Court examined the timeline and found that the representations were disposed of promptly. The Court rejected the contention that the detaining authority lacked jurisdiction to reject the representation, clarifying that the detaining authority only commented "merits rejection" and did not influence the final decision.

6. Supply of Documents:
The appellant claimed that he was not supplied with the documents relied upon by the detaining authority. The Court found that all the requested documents were supplied along with the grounds of detention. The Court observed, "There is, therefore, no factual foundation in the complaint made by the appellant that he was not supplied with the relevant documents along with the grounds of detention."

7. Application of Mind by the Government:
The appellant argued that the government did not apply its mind while confirming the detention for the maximum period of one year. The Court held that Section 10 of the Act does not require the government to provide reasons for imposing the maximum period of detention. The Court stated, "In confirming the order of detention, it may be reasonably presumed that the Government has applied its mind to all the relevant facts."

Separate Judgment by Jagannatha Shetty, J.:
Justice Jagannatha Shetty concurred with the judgment but added that the detaining authority must be aware that the detenu is already in custody and must have compelling reasons for preventive detention. He emphasized that the need for preventive detention must be based on the grounds of detention and related facts, not on extraneous matters. He also clarified that it is not necessary for the authority to give special reasons for directing detention for the maximum period under the Act.

Conclusion:
The Supreme Court affirmed the judgment of the Delhi High Court, dismissing the appeal and upholding the detention order. The Court found that the detaining authority had applied its mind to the relevant facts and had compelling reasons for the appellant's preventive detention.

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