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TMI Blog1990 (8) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... ing him from acting in any manner prejudicial to the augmentation of foreign exchange. (3) Briefly stated the facts leading to the passing of the impugned order are that on 15th January, 1990 an information was received by Delhi Zonal Office of the Enforcement Directorate from its Jalandhar Zonal Office that during the investigation of a case against one Satish Kumar Malhotra it was revealed that he used to purchase foreign exchange locally from many persons at Delhi including two brothers Kaka and Bedi running their shop in Gaffar Market, Delhi and had a telephone No. 5435561 at their residence. During enquiry it was found that the petitioner along with his brother Satinder Kumar Sikri @ Kaka was running Stall No. 24 at Gaffar Market, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nothing to do with the augmentation of foreign exchange ; document at page 53 is only a list of document, and col document at pages 54 and 55 have also nothing to do with the said satisfaction Similarly, document at pages 60, 61, 62 and 63 have nothing to do with the augmentation of foreign exchange. Copies of these documents are enclosed and collectively marked as Annexure 'G'. These documents are irrelevant and, therefore, there is complete non-application of mind in passing the detention order which makes the detention illegal...... (7) Counsel for the petitioner has, thus, submitted that there could possibly be no question of these documents being material or relevant to enable the detaining authority to come to a subject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the respondent to say that these documents are not relied upon. Counsel for the respondent was asked to disclose the manner in which the aforesaid documents could be said to contain material showing prejudicial activities of the petitioner. I am conscious of the fact that the decision has to be arrived at by the detaining authority by subjective satisfaction and court is not to sit over judgment to find cut if the material was sufficient or insufficient. However, in case the detaining authority relies upon irrelevant document it would clearly indicate that there was complete no application of mind. The law is well settled that all the material against a person has to be placed before the detaining authority who has to scrutinised the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f some irrelevant documents are taken into consideration while arriving at a conclusion to pass the order of detention. To the same effect are two cases Jagdish Mitr v. Union of India and Others, 1990 Cr.L.J. 269 and Criminal Writ Nos. 568, 686 and 691 of 1989 decided on 9th January, 1990. (9) Considering the facts of this case in the light of the aforesaid decisions it is clear that the detaining authority has placed reliance upon irrelevant documents on account of which the impugned order is liable to be set aside. It is clear that there is non-application of mind by the detaining authority as the aforesaid documents are not in any manner shown to be connected with the prejudicial activities of the petitioner. (10) As a result of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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