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TMI Blog1988 (12) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... y and K. Jagannatha Shetty, JJ. [Judgment per : Ray, J.]. - Special leave granted. Arguments heard. 2. This appeal on special leave is against the judgment dated 10th June, 1988 made by High Court of Allahabad dismissing Criminal Writ Petition No. 257 of 1988 instituted by the detenu. 3. The facts giving rise to this appeal are that on August 25,1987 the house of the appellant was searched by the officers of the Enforcement Directorate under Section 37 of Foreign Exchange Regulation Act, 1973 and they seized currency notes of ₹ 1 lakh and four bank drafts amounting to ₹ 30,000/-, bank pass book and loose sheets Nos. 1 to 44 as per item No. 2 in panchnama dated August 25,1987. The statement of detenu was recorded a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail as well as the order passed by the Chief Metropolitan Magistrate varying the condition, the application dated August 26,1987 retracting the statement by the detenu filed before the Magistrate and non-consideration of the same, as well as the non-supply of the copies of bank pass books and loose papers seized from the residence of detenu and mentioned in panchnama dated August 25,1987 which were placed before the detaining authority etc. vitiated the subjective satisfaction of the detaining authority and consequently the order of detention is illegal and bad. A Rule Nisi was issued. 5. A return was filed by the respondent No. 1 wherein the detaining authority denied the allegations and stated that all vital and material documents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious payments to various persons in this country on receiving instructions from Rafiq from Dubai. The application for variation of condition of bail and the order passed by the Metropolitan Magistrate varying the condition of bail is, in our opinion, not a vital and material document in as much as the granting of bail by the Magistrate enabled the detenu to come out and carry on his business activities as before. Condition imposed by the Magistrate directing the detenu to appear before the office of the Enforcement Department every day between 11 a.m. to 2 p.m. has been varied to the extent that "the accused to attend Enforcement Department as and when required". The condition imposed by the Magistrate has no relation to the activities carr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the formation of subjective satisfaction before passing the order of detention and the failure to place that document vitiated the detention order. This observation was made in the facts of that case. This case has no relevance in the facts of this case as we have held in the present case the order of variation is not a relevant and vital document. 9. It has been submitted that the detenu made an application on August 26,1987 in the Court of Addl. Chief Metropolitan Magistrate, 8th Court, Esplanade retracting his statement whereon an order was made that "taken on record". This application was not placed before the detaining authority and this has vitiated the detention order as this vital document was not considered before arriving at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake an effective representation and so the impugned order is required to be quashed. In reply to this submission the detaining authority filed a return stating that all documents mentioned in panchnama were placed before him. But only relevant and vital documents were taken into consideration for reaching subjective satisfaction. These documents have been referred to in the grounds of detention and copies of all the said documents have been furnished to the detenu. It has been strenuously contended on behalf of the appellant that Bank pass books and some pages out of 1 to 44 of the loose sheets bunched together and referred to in the panchnama were not given to him and so he could not make an effective representation. This has infringed his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gold with foreign markings had been recovered did not belong to or owned by the detenu. In that background this Court held that non-supply of the bank pass books infringed the detenu's right to make an effective representation. In the instant case as we have said hereinbefore that the bank pass books are not vital and material documents in reaching subjective satisfaction of the detaining authority and as such the failure to furnish the bank pass books to the detenu has not infringed any right of the appellant and the order of detention cannot be questioned as illegal or vitiated on that score.
11. No other points have been urged before us.
12. For the reasons aforesaid we dismiss the appeal. There will be no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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