C UMMER Vs. UNION OF INDIA

JUDGEMENT

(1.) On 4th November. 1989. Shri C. Ramachandran. Secretary to the Government of Kerala (Home Department) directed the detention of the petitioner in Central Prison, Trivendrum, with a view to preventing him from abetting the smuggling of goods, while exercising powers conferred by Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, (hereinafter referred to as the COFEPOSA Act). The detention of the petitioner for a period of one year from 10-1-90 has since been confirmed by the aforesaid Authority on 17-3-90 consequent upon the receipt of the opinion of the Advisory Board.

(2.) The petitioner has challenged the order of detention and the order of confirmation by way of filing the present writ petition on numerous grounds, one. of them being that the following vital and material documents which would have swayed the mind of the detaining authority one way or the other were suppressed and not placed before it. The documents are :-

(3.) To support his contention, learned counsel referred to para No. 4 of the grounds of detention wherein there is only the mention of the petitioner having been arrested on 14-8-89 and produced before the Additional Judicial Magistrate Trivendrum the same day who remanded him to judicial custody and the petitioner was later on enlarged on bail. In the list of documents supplied to the petitioner pari pasu the grounds of detention. there is no mention of the bail application or the order passed thereon.