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TMI Blog2002 (8) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant's passport was with the customs department and yet he said " but you are likely to travel clandestinely for the purpose of smuggling". Now none of the instances of smuggling by the appellant as stated in the impugned detention order describe the appellant as having travelled without a passport for the purpose of smuggling. The conclusion that despite the absence of his passport the appellant could or would be able to continue his activities is based on no material but was a piece of pure speculation on the part of the detaining authority. These findings are sufficient to invalidate the impugned detention order and it is not necessary to consider the other issues raised by the appellant. The appeal is accordingly allowed and the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding mobile phones. The proprietor of M/s B. D. Denim in his statement under Section 108 of the Customs Act, however, denied that he had any business relationship with the appellant and also denied that he had any knowledge of the appellant's trips to Dubai. After his arrest on 5th July 2001, the appellant was produced before the Court of the Metropolitan Magistrate and was remanded to judicial custody till 19th July 2001. On the date of his arrest the appellant retracted his statement made under Section 108 before the Magistrate and alleged that the statement has been forcibly taken by the Custom officers after beating him. The appellant thereafter made five applications for grant of bail which were rejected by the Court on 16th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Capital Territory of Delhi is aware that you are in judicial custody. Lt. Governor is also aware that your bail applications have been rejected but nothing prevents you from filing bail applications in various courts and bail is normally granted in such cases hence there is imminent possibility that you will come out on bail. The Lt. Governor is satisfied that if you come out on bail you are likely to indulge in the smuggling activities, in future. Keeping in view your modus operandi to smuggle goods, the Lt. Governor of the National Capital Territory of Delhi is satisfied that unless prevented you will continue to indulge in smuggling activities once you are released. On the basis of the foregoing facts and circumstances the Lt. Governo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) The passport of the appellant continued to be held by the Customs authorities and that, therefore, there was no question of the appellant travelling out of the country or indulging in smuggling goods; The respondents have countered these submissions and submitted that the apprehension that the appellant would be released on bail was substantiated by the fact that he was in fact directed to be released on bail after the impugned detention order was passed. It was further submitted that the appellant had indulged in smuggling activities on five separate occasions within a short span of time including the last and the detaining authority had ample material to hold that the appellant would continue with smuggling activities on his re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant would indulge in smuggling activities. The detaining authority noted that the appellant was in custody when the order of detention was passed. But the detaining authority said that bail is normally granted in such cases . When in fact the five applications filed by the appellant for bail had been rejected by the Courts (indicating that this was not a 'normal' case), on what material did the detaining authority conclude that there was imminent possibility that the appellant would come out on bail? The fact that the appellant was subsequently released on bail by the High Court could not have been foretold. As matters in fact stood when the order of detention was passed, the 'normal' rule of release on bail had no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant's passport was with the customs department and yet he said but you are likely to travel clandestinely for the purpose of smuggling . Now none of the instances of smuggling by the appellant as stated in the impugned detention order describe the appellant as having travelled without a passport for the purpose of smuggling. The conclusion that despite the absence of his passport the appellant could or would be able to continue his activities is based on no material but was a piece of pure speculation on the part of the detaining authority. These findings are sufficient to invalidate the impugned detention order and it is not necessary to consider the other issues raised by the appellant. The appeal is accordingly allowed and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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