9911796707
TMI Blog1993 (9) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... ngkong in an assumed name of Kanwal Mohan Singh Sehgal. On search of the person of the petitioner, one wrapped packet was recovered from the inner waist pocket of his pant. This packet on opening was found to contain 35 gold biscuits of 10 tolas each. The petitioner was not able to produce any document in support of the legal possession and import of the aforesaid gold into India.Pursuant to the notice under Section 108 of the Customs Act, the petitioner admitted to have smuggled the aforesaid gold into India with a motive to earn profits. On the same date viz 20/11/1992 the petitioner was arrested and was produced before the Court of Acmm, New Delhi,who remanded him to judicial custody till December 4, 1992. Before the ACMM on the said day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts referred to in THE petition and I find that these documents are totally irrelevant and should not have been relied upon by the Detaining Authority for reaching the subjective satisfaction. (6) The first document is an application dated 23/11/1992filed by the petitioner in the Court of Acmm, New Delhi. This application was for return of the goods which were taken into possession by the DRI officers while conducting the search of the petitioner. The second application, which is dated 27/11/1992, filed before the Acme, New Delhi pertains to some newspaper reports which had been published in the various newspapers in regard to the case of the petitioner. In this application the petitioner prayed that the Dri and the Public Prosecutor be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for reaching the subjective satisfaction . (11) Again in Ved Parkash Sikri @ Vedi v. Union of India and Others42 (1990) Delhi Law Times 295 it was held as under : 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 out if the material was sufficient orinsufficient. However, in case the Detaining Authority relies upon irrelevant document it would clearly indicate that there was complete non-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 scrutinise the same and has to rely only on material documents showing the link of the person c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o order of detention. To the same effect are two cases Jagdish Mitr v. Union of india and Others, 1990 Crl.L.J-269and Cri. Writ Nos. 568, 686 and 691 of 1989 decided on 9/01/1990. (13) 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. (14) Learned Counsel for the respondents urges that apart from the aforesaid six documents there are other documents which are abso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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