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TMI Blog1988 (4) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... incident that had taken place on the 13th September, 1987 when the detenu was apprehended with Saudi Riyals 8,500 on his person. The said order of detention was served on the detenu on the 5th of January, 1988. 2. Shri Karmali, the learned Counsel appearing on behalf of the detenu firstly submitted that certain documents that were served upon the detenu along with the grounds of detention were hopelessly illegible. This had deprived the detenu of his right of making an effective representation. The detenu was thus deprived of his valuable right guaranteed under Article 22(5) of the Constitution of India. 3. Shri Karmali pointed out that copies of the several endorsements on the passport of the detenu that were served on him were either ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents did not contain the dates of the arrival of the detenu back from Singapore, the same in any manner hampered his right to make an effective representation. The fact that was taken into account by the detaining authority was regarding the fact of the detenu having visited Singapore on 16 occasions between the 27th September, 1986 and the 13th August, 1987. Merely because the detenu was not informed of the dates of arrival back into India which fact may have been derived by the detaining authority from the endorsement on the passport of the detenu the same could not be held to have affected the right of the detenu to make an effective representation. 5. Shri Karmali next urged that there has been a delay in the passing of the order of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of time is bound to be required for the proper consideration of the facts for arriving at a subjective satisfaction in the matter of the passing of an order of detention. The test of proximity is not a rigid or mechanical test to be blindly applied by merely counting the number of months between the offending acts and the order of detention. It is a subsidiary test evolved by the court for the purpose of determining the main question whether the past activities of the detenu is such that from it a reasonable prognosis can be made as to the future conduct of the detenu and its utility, therefore, lies only insofar as it subserves that purpose and it cannot be allowed to dominate or drown it. (Cora v. State of West Bengal - AIR 1975 Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods. The said goods would thereafter be sold in the market at a profit. Since the passport of the detenu had been retained, it was not possible for the detenu to indulge in the aforesaid activities so as to justify the passing of the order of detention. 9. In our judgment, it cannot be held that merely because the passport is retained, that fact by itself can come in the way of passing of the order of detention. It is also not necessary that the detenu should be shown to be likely to indulge in the identical activity which he has been indulging in order to justify the passing of an order of detention. The explanation offered by the detaining authority in the affidavit in reply that in case the detenu was not detained, he would have conti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was conveyed that all the nine accused had been apprehended as members of a conspiracy. In our judgment, there is no merit in this contention. Though the remand application is a joint application, the same specifically mentions the role played by each accused and the number of visits undertaken by each of them. It cannot be said that by virtue of the said joint remand application, an impression was conveyed that all the nine accused had been working in concert with each other as sought to be suggested by Shri Karmali. We are satisfied with the explanation given by the detaining authority that he had not mentioned in the grounds of detention that the detenu was one of the members of a gang of nine persons arrested. In this view of the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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