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TMI Blog2004 (9) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... not scrap metal. Had the detaining authority waited for the results of the said chemical analysis before issuing the impugned order of detention, the first ground stated therein could not have been made a basis therefor. Thus the order of detention, therefore, in our considered opinion, was passed in haste without there being adequate materials. Thus the impugned orders of detention cannot be sustained which are set aside accordingly. These appeals are allowed - 821 of 2004 - - - Dated:- 21-9-2004 - N. Santosh Hegde and S.B. Sinha, JJ. [Judgment per : S.B. Sinha, J.] - These appeals arising out of the judgments and orders dated 4-4-2004 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Writ Petition Nos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement that the detenu had made his statement involuntarily and had also been tortured. It was directed : "At the request of accused it is directed to the I.O. Sh. Mukesh Gaur to allow the accused person to talk to their family members on STD/Telephone. Accused have also stated that at this moment their advocates are not present hence they may be remanded to J.C. till morning so that they can take the services of their advocates. "I have gone through the file, produced before me by the I.O. S.S.P. made a request for 14 days J.C. of both the accused. However after considering all the statements made before me by the accused persons, they have been remanded till 2 p.m. on 26-8-2003 in J.C. with the directions to produce both the accused in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not have been the basis for issuing the order of detention. 10. Mr. Subramaniam would contend that having regard to the fact that the grounds of detention both in relation to the detenu as also his brother Narsi Dass Garg being the verbatim copy of each other, non-application of mind on the part of the detaining authority is apparent. In any event, as the relevant documents relating to the duty drawback cash incentive scheme and particularly the reply of the detenu forming part of adjudication proceedings were not placed before the detaining authority, the impugned order of detention is vitiated in law. 11. Mudit Kumar Tiwari who had also been detained on the ground of hatching a conspiracy with the detenu and his brother but the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the samples were made up of alloy steel. The test report, however, could not throw any light as to whether the goods were forgings (machined), as declared by the exporter." 17.In the said notice, the detenu had been asked to show cause inter alia on the following terms : "58(i) M/s. National Steel Products Co., New Delhi exported the goods by wilfully misstating/misdeclaring the FOB value as Rs. 7,60,88,864/- (the details of which are given in Annexure-A annexed to this Show Cause Notice) and by suppressing the actual value with a mala fide intention to defraud the Government by fraudulently claiming/availing undue DEPB credits to the tune of Rs. 1,70,01,015/-. Misdeclaration in value has, therefore, rendered the exported goods liab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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