ADESH AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to the order of detention passed on June 27, 1988 by Shri K.L. Verma, Joint Secretary to the Government of India, against Adesh Aggarwal, the detenu on whose behalf the petition has been filed. The order was made by the specially empowered officer undersection 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act') with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange.

(2.) The grounds of detention also date the June 27, 1988 reveal that on information received by the Enforcement Directorate, Department of Revenue, Ministry of Finance to the effect that Adesh Aggarwal was making payments in large scale in India on instruction from persons residing in Singapore, searches were conducted on May 12, 1988 at the residential aswell as business premises of the detenu. In paragraph 2 of the grounds of detention, it is mentioned that those searches resulted in the seizure of Indian currency of Rs. 90.000.00 from the residential premises of the detenu and documents from his business premises. In the list of documents relied upon only one page of those documents finds mention i.e. at item No. 7. However, the panchnama, which has also been relied upon, in respect of the search of the business premises shows that in all 17 documents in loose sheets were seized.

(3.) The plea raised in the petition and which has been raised before me during arguments is that the other 16 documents were not placed before the detaining authority by the sponsoring authority at the time of passing of the impugned detention order. It is urged that as the relevant material has been withheld from the detaining authority, subjective s atisfaction is to be held vitiated. The plea has been taken in grounds 'B' and 'C' of the petition.