1986 (10) TMI 328

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..... that the detention is necessary with a view to prevent the petitioners from abetting the smuggling of good. (3) In the orders of detention it is mentioned that the detenus were also furnished with the grounds on which the detention orders were passed. The perusal of the grounds discloses that apart from other material, which was relied upon by the detaining authority while passing detention order, the detaining authority also took into consideration the statements which were recorded, under Section 108 of the Customs Act of Pawan Kumar and Balwinder Kumar. Both these persons are stated to be the nephews of the detenus and they were also, likewise, detained by similar orders dated 19th March 1986. (4) After the orders of detention wer .....

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..... d by the aforeiaid rejections and their continued detention, the present petitions have been filed under Article 226 of the Constitution of India. (8) Though a number of contentions have been raised in the writ petitions and urged before us by Mr Ram Jethamalani, learned counsel for the petitioners, we do not consider it necessary to deal with them in view of the fact that we are of the opinion that the continued detention of the petitioners, for one of the reasons which we are presently going to state, is illegal. (9) As already mentioned hereinabove, one of contentions which had been raised before the detaining authority was that the proceedings and the opinion of the advisory board in the case of Pawan Kumar and Balwinder Kumar was .....

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..... n the detaining authority to have seen. the said opinion. The departmental file discloses that there are two identical notes put up for the considerations of the detaining authority on the representations received from the petitioners. There is a reference that Pawan Kumar and Balwinder Kumar had been ordered to be released by the advisory board but it is stated in the said notes that the said release is of no relevance to the present case and there is nothing to indicate in the said. notes that any of those documents, as already mentioned, were ever placed before the detaining authority It may be that, after perusing the opinion of the advisory board, the detaining authority might still have come to the conclusion that it was necessary to .....

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