9911796707
TMI Blog2006 (7) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... tody and is likely to be released on bail. The conclusion that the detenu may be released on bail cannot be ipsi-dixit of the detaining authority. On the basis of materials before him, the detaining authority came to the conclusion that there is likelihood of detenu being released on bail. That is his subjective satisfaction based on materials. Normally, such satisfaction is not to be interfered with. On the facts of the case, the detaining authority has indicated as to why he was of the opinion that there is likelihood of detenu being released on bail. It has been clearly stated that in similar cases orders granting bail are passed by various courts. Appellant has not disputed correctness of this statement. In fact, five bail applications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session of electronic goods worth Rs.30,000/-. At this point, he was intercepted by the Customs Officer who questioned him about the contents of his baggage. He reiterated the declaration given at the table that he was in possession of electronic goods of the value of Rs.30,000/-. Since his reply was not convincing, his three bags were taken up for examination in the presence of two independent mahazar witnesses. He produced two claim Tags bearing Nos. SQ 441432 and SQ 441433 and further stated in the presence of independent witnesses that the cardboard carton bearing Tag No. SQ 442077 tagged in the name of Smt. Selvi Narayanan actually belonged to him and that as he was already having excess weight, he made use of her baggage weight entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prevent him from indulging in smuggling goods in future. The grounds further show that while arriving at the subjective satisfaction to detain him under the COFEPOSA Act, the State Government has taken into consideration facts and materials referred to and relied upon in the grounds mentioned above and also the statements, bail petition, representation and mahazars etc. The detention was questioned by the wife of the appellant by filing a habeas corpus petition. Stand of the appellant before the High Court essentially was that the Detaining Authority has merely, without application of mind, followed the allegations of the Custom authorities without any independent inquiry. Further there was no basis for holding that there was imminent p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot justified in holding that the Detaining Authority's view about imminent possibility of detenu coming out on bail was correct. It was also submitted that since the detenu had not filed any bail application after withdrawal of the first petition, the detaining authority could not have inferred that there was possibility of his being released on bail. Reference has been made to several decisions of this Court to contend that there must be material to show about such imminent possibility. Per contra learned counsel for the respondent-State and the Union of India supported the impugned judgment of the High Court. It has to be noted that whether prayer for bail would be accepted depends on circumstances of each case and no hard and f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
