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TMI Blog1956 (11) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to as the Act). The petitioner was first placed under detention by virtue of an order passed by the District Magistrate, Jammu, under sub-section (2) of section 3 of the Act on the 1st May, 1956, and that order was confirmed and continued on the 5th September, 1956, under sub-section (1) of section 12 of the Act by the Government after taking the opinion of the Advisory Board. The two orders of detention, one of the District Magistrate dated the 1st May, 1956, and the other of the Government dated the 5th September, 1956, recited that the petitioner is directed to be detained because it was necessary to make such an order with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese packages as aforesaid you came over to Jammu and waited for their arrival and contacted Ghulam Ahmed and Ram Lal the above mentioned persons. That on the 15th April, 1956, you tried to get the transport receipt from the Punjab National Bank but did not succeed in doing so as it was a public holiday. Meanwhile your activities leaked out and the goods were seized by the Central Customs and Excise Department of India. 2. There are other facts also but those cannot be given as I consider their disclosure would be against the public interest. That by resorting to the above activities you have been and are acting in a manner prejudicial to the maintenance of the supplies and services essential to the community . 2. It will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned the High Court held as follows : The case of Dwarika Das Bhatia stands on a different footing altogether. The allegation against him is that he smuggled into Pakistan some goods such as cloth and zari along with a certain quantity of mercury. Mercury is a non-ferrous metal and according to the definition of an essential commodity given in the Essential Supplies (Temporary Powers) Ordinance, mercury is an essential commodity. This being so, Dwarika Das Bhatia's detention cannot be challenged . 3. The point raised before us is that since the detention is based on the assumption that Chiffon cloth and zari as well as mercury are all essential goods and since two out of the three categories of the goods with reference to the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regards that ground and his representation even if effective in respect of the other grounds, may fail to carry conviction as regards the ground which is vague and that this might result in the detention being confirmed. The Court stated that that argument was not without force and held as follows : The question however is not whether the petitioner will in fact be prejudicially affected in the matter of securing his release by his representation, but whether his constitutional safeguard has been infringed. Preventive detention is a serious invasion of personal liberty and such meager safeguards as the Constitution has provided against the improper exercise of the power must be jealously watched and enforced by the Court. ...... We ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be based, provided they have a rational probative value and are not extraneous to the scope or purpose of the legislative provision cannot be challenged in a court of law, except on the ground of mala fides. A Court of law is not even competent to enquire into the truth or otherwise of the facts which are mentioned as grounds of detention in the communication to the detenu under section 7 of the Act. 6. Posing the situation which arises in such cases where one of the grounds is found to be irrelevant or unsubstantiated, the Court stated as follows : The question is, whether in such circumstances the original order made under section 3(1) (a) of the Act and can be allowed to stand. The answer, in our opinion, can only be in the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een before them . 8. The principle underlying all these decisions is this. Where power is vested in a statutory authority to deprive the liberty of a subject on its subjective satisfaction with reference to specified matters, if that satisfaction is stated to be based on a number of grounds for a variety of reasons, all taken together, and if some out of them are found to be non-existent or irrelevant, the very exercise of that power is bad. That is so because the matter being one for subjective satisfaction, it must be properly based on all the reasons on which it purports to be based. If some out of them are found to be non-existent or irrelevant, the Court cannot predicate what the subjective satisfaction of the said authority wou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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