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TMI Blog1986 (11) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... as not impressed by the statement therein. The detenu cannot, therefore, be heard to say that he was prejudiced in any manner. Considering Mr. Bobde contention that several other questions also arise in this case which have not been dealt with by the High Court. He appears to be right. The impugned judgment states that several other questions were also raised which were not necessary to be considered as the writ application was succeeding on the first point. Now in view of our finding mentioned above, it becomes necessary to decide the other questions also. In the circumstances, we think that the case should go back to the High Court for further hearing. Accordingly, the impugned judgment is set aside, and the matter is remanded for further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs further learnt that the modus operandi of the smugglers' gang would be to remove the goods to trucks and to cover them with cargo of vegetables and grains and then to drive away. An ambassador car bearing registered No. MRH 6595 which was earlier in the service of the respondent-detenu, a resident of Bombay was spotted in the late night of 28-9-1984 and they suspected it to be on the road in that connection. They proceeded in the same direction and found a truck loaded with bags of vegetables. The truck was intercepted but the driver ran away. The Ambassador car was also passing by, but on being signalled to stop, it took a sharp turn and got away. The officers unsuccessfully chased it for some time. The suspicion of the officers was thu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvolved in the affair were also detained. These co-conspirators made an application for bail on 2-10-1984 and on the next day, that is, on 3-10-1984, they filed an application before the Chief Judicial Magistrate, Junagadh retracting some of their earlier statements. 5. One of the points urged on behalf of the detenu was that the retraction by the aforesaid other persons (co-conspirators) was not placed before the detaining authority and was, therefore, not considered by him. The High Court held that this point by itself vitiated the detention order. The other grounds urged were not considered on merits. 6. It has been contended on behalf of the State that the second application dated 3-10-1984 whereby the other accused persons retracted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 3rd October document but was of the view that not much credance could be in the circumstances given to it. The first point urged on behalf of the respondent must, therefore, be rejected. The error in the description of the document in the grounds cannot in the situation be said to have vitiated the order. 8. Mr. Bobde, the learned counsel for the respondent, contended that the plea of the State should be rejected in absence of an affidavit by the detaining authority. Although it is not an essential requirement of law, the learned counsel proceeded, but the Court in every detention case must insist on such an affidavit to be filed. It is true that in a case where a point as mentioned above arises the detaining authority should personally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be given to the document should be treated to be a ground essential to be served on the detenu. Reliance was placed on the observations in P.C. Mehta v. Commissioner and Secretary, Government of Kerala and Others 1985 (Supp) SCC 144. The contention is that factual inference is included in the expression "grounds" and has to be expressly and specifically stated. We are afraid, the assumption on which the argument is founded is not correct. So far as the inference drawn by the detaining authority from the materials on the records and his subjective satisfaction in this regard are concerned, they are expressly stated in the grounds and there cannot be any grievances on that score. The objection of the respondent, properly analysed, comes to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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