JAGPRIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal from the judgment of the Delhi High Court dismissing the writ petition filed by the petitioner who was detained u/s. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA'). It is not necessary to set out the facts at very great length because we propose to dispose of the appeal on a very short ground.

(3.) Shri Harjinder Singh, counsel for the detenu raised two main contentions. His first contention was that, on the date when the detention order was passed, namely, 2.9.1988, the detenu was in judicial custody. He had been remanded to such custody till 14.09.1988. On 1.09.1988 he applied for bail. It is submitted that in the circumstances the detaining authority must have satisfied himself that there was an imminent possibility of release of the detenu and that on such release he was likely to indulge in the prejudicial activities which are sought to be prevented under the Act. Learned counsel relied upon several decisions of this Court in support of his contention that a detention order, in a case where the detenu is in custody, should disclose the awareness on the part of the detaining authority that the detenu was in custody and also disclose that the detaining authority was satisfied on the material disclosed in the grounds that the detenu was likely to be released on bail and likely to indulge in prejudicial activities after such release. In the absence of such a specific finding or statement in the order of detention, according to the learned counsel, the detention order cannot be upheld.