9911796707
TMI Blog2001 (12) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... ods in future. 2.The grounds of detention dated 1-2-2001 referred to the incident of 4-11-2000 when the petitioner arrived from Hongkong via Singapore and proceeded to the exit gate of the Customs Arrival Hall through the Green Channel are that the petitioner was intercepted on suspicion by the custom officers and from his baggage recovery of 15 polythene packets containing 14.744 Kgs of white powder was made. The petitioner claimed that the said powder was bleaching powder but on chemical analysis it was found that the same was 'dexamethasone' which is meant for manufacture of medicine. A detailed panchnama was drawn on 6-11-2000 and a statement was made by the petitioner under section 108 of the Customs Act, 1962. The details obtained f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd documents mentioned in serial No. 1 to 34 in the enclosed list". A list was enclosed therewith which apart from serial Nos. 1 to 34 aforementioned also had three other documents at serial Nos. 35 to 37 relating to earlier incidents. 4.Mr. Trilok Kumar, learned counsel for the petitioner, contended that the sponsoring authority had suppressed many relevant and important documents in relation to the incidents of December, 1990 and December, 1993 inasmuch as the detention order had not considered the orders of Hon'ble High Court quashing the detention orders in those earlier cases. It was thus contended that since detention orders in those cases had gone into the formation of the subjective satisfaction to detain the petitioner, the deten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered in view of the opposition to the present petition by the respondent authorities. In the counter affidavit dated 11-5-2001 of Sh. G.L. Meena, Deputy Secretary (Home) it has been categorically stated that the list of documents supplied to the petitioner regarding earlier detention of the petitioner were not relied upon. Thus it is stated that reliance had been placed on the material contained in the statement and documents mentioned at serial Nos. 1 to 34 only in the enclosed list. 6.It may also be stated that additional ground was sought to be pleaded by the petitioner vide Crl. M 606/2001 including inordinate delay in consideration of the representation by the Central Government but the said application was dismissed as not pressed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kahar's case (supra) to contend that there was no dispute on the proposition that if an earlier detention order had been quashed the grounds of the said detention order can not be taken into consideration as a whole or in part for a fresh detention order. However, as noted above, the distinguishing feature sought to be advanced by Ms. Mukta Gupta, learned counsel for the Govt. of NCT of Delhi was the admission in Chhagan Bhagwan Kahar's case (supra) to such grounds having been considered as distinguished from the present case where it is categorically stated that no reliance had been placed on the earlier detention orders. It has further been stated that in the present case neither the order nor the grounds of detention have been supplied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 12.It has been noted above that the principle of law is that earlier detention orders which have been quashed or the grounds for the same cannot be taken into consideration for purposes of passing a fresh detention order. The question which arises for consideration is whether such is the situation in the present case? The answer to the same is clearly in the negative, in view of the categorical averment made in the counter affidavit that no reliance has been placed on such detention order or the earlier grounds of detention. The question is not only one of what has been stated by the respondents in the counter affidavit but of the reading of the grounds of detention itself. A mere recital of the past history where earlier detention orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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