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TMI Blog2024 (9) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... ccord the detenu the earliest opportunity to make a representation and to consider such representation speedily. The representation is to be considered in its right perspective keeping in view the fact that the detention of the detenu is based on subjective satisfaction of the authority concerned. Hemlata Kantilal Shah [ 1981 (10) TMI 172 - SUPREME COURT] has held that, when an order of detention together with the grounds of detention is served on a detenu, the detenu is not entitled to know which part or parts of the grounds was or were taken into consideration and which not. Abdullah Kadher Batcha and another[ 2008 (11) TMI 695 - SUPREME COURT] has held that, it is the duty of the Court to see whether the non-supply of any document is in any way prejudicial to the case of the detenu on not. It has held that, primarily, copies which form the ground for detention are to be supplied and non-supply thereof could prejudice the detenu. However, documents which are merely referred to for the purpose of narration of facts in that sense cannot be termed to be documents without the supply of which the detenu is prejudiced. The representation made by the detenu had been considered and dealt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detention dated September 5, 2023. He has contended that, the order of detention dated September 5, 2023 suffers from the vice of non-application of mind. In support of such contention, he has relied upon Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). 4. Learned Senior Advocate appearing for the writ petition has contended that, on March 26, 2023, four persons were arrested. On their statement, allegedly certain recoveries had been made. Allegedly such four persons had implicated the detenu. 5. Learned Senior Advocate appearing for the writ petitioner has contended that, the detenu was arrested on May 21, 2023 under the Customs Act, 1962. Since the Directorate of Revenue Intelligence (DRI) had failed to submit chargesheet within the stipulated time, the detenu was granted statutory bail by the jurisdictional Court. He has contended that, since, Directorate of Revenue Intelligence (DRI) could not file a chargesheet, implicating the detenu, within the stipulated period, it has to be construed that, there does not exist any material for the purpose of continuing of the detention of the detenu. 6. Learned Senior Advocate a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Advisory Board. He has pointed out that, the Central Advisory Board is constituted by three Hon ble Judges of the High Court. He has referred to the decision of the Central Advisory Board and submitted that, such decision cannot be said to be perverse and therefore, does not call for any interference. 12. Learned advocate appearing for the Directorate of Revenue Intelligence (DRI) has drawn the attention of the Court to the various materials which was placed before the Central Advisory Board. He has submitted that, the detenu was engaged in the business of smuggling of gold from Dubai. Detenu had used the mechanism of concealing the smuggled gold in manufacturing equipment in order to avoid detection at the port of entry. He has pointed out that the material discovered by the Directorate of Revenue Intelligence (DRI) in course of investigation has implicated the detenu. He has contended that, the detenu needs to be placed in detention in order to break the chain. Detention of the detenu had been made in the best interest of the country. 13. In support of his contentions, learned advocate appearing for Directorate of Revenue Intelligence (DRI) has relied upon 2003 Volume 8 Supre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,30,81,161/- had been recovered. Moreover, unaccounted Indian currency to the tune of Rs. 1,94,40,000/- and 2 gold biscuits with the inscription impost on them of 200 grams, one gold chain of 24 carats purity weighing 9.810 grams few assorted studded gold jewellery of purity of 18, 20 and 22 carat, weighing 951.430 grams, foreign currency notes of different countries and of different denominations of Rs. 6,50,111 had been seized. None of the intercepted persons could produce any document in support of legal acquisition, possession, storing and/or dealing with the recovered goods. 17. The four intercepted persons had stated that, the recovered gold was of foreign origin and smuggled into Kolkata. All the four intercepted persons had acknowledged in their individual statements that, they were a part of a team involved in smuggling and that, the detenu was the key person who controlled them and the smuggling racket. 18. The detenu had evaded summons for a considerable point of time. DRI had arrested him on May 21, 2023. Detenu had been issued summons under Section 108 of the Customs Act, 1962 on the spot and brought to the DRI office for questioning. On search, four mobile phones con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board by a detailed order dated November 20, 2023 had opined that, the order of detention passed by the Detaining Authority on the basis of the material which was present before it, did not call for any interference. 26. Icchu Devi Choraria (supra) has held that, the burden of showing that the detention is in accordance with the procedure established by law is always on the detaining authority in view of the clear and explicit terms of Article 21 of the Constitution. 27. Sama Aruna (supra) has observed that, while revealing the detention order, a Court does not substitute its judgement for the decision of the executive. Nonetheless the Court has a duty to enquire that the decision of the executive is made upon relevant matters. 28. Ankit Ashok Jalan (supra) has laid down the broad principles to be followed with regard to representation of a detenu. It has stated four broad principles. Firstly, the appropriate authority is required to give an opportunity to detenu to make a representation and to consider such representation expeditiously. Secondly, the consideration of the representation of the detenu by the appropriate authority has to be independent of any action of the Advisory B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he detenu has to be preventively detained in public interest. It has also observed that, all documents mentioned in the order need not be supplied. It has clarified that, copies of only such of those documents as have been relied upon by the detaining authority for reaching the satisfaction that preventive detention of the detenu is necessary shall be supplied to the detenu. 35. Paul Manickam and another (supra) has observed that, appropriate government is enjoyed with an obligation to accord the detenu the earliest opportunity to make a representation and to consider such representation speedily. The representation is to be considered in its right perspective keeping in view the fact that the detention of the detenu is based on subjective satisfaction of the authority concerned. 36. Hemlata Kantilal Shah (supra) has held that, when an order of detention together with the grounds of detention is served on a detenu, the detenu is not entitled to know which part or parts of the grounds was or were taken into consideration and which not. 37. Dimple Happy Dhakad (supra) has held that, a detention order can be passed even if the detenu is already in jail or custody or when bail applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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