HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has been detained in persuance of a detention order dated January 15, 1986 under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The grounds of detention are given in Annexure P -1. The detention is based on three incidents regarding which three cases were registered; one on 21.3.1985 and the other two on 17.6.1985. The allegation against the petitioner is that he has indulged in smuggling activities.

(2.) IT is not disputed that the petitioner has been allowed bail in all the three cases. However, there is no mention in the detention order of the bail having been granted to the petitioner in these cases. A perusal of the relevant orders indicated that the detaining authority was not aware at the time of the passing of the detention order that the detenu had moved applications for bail in the said three cases and had been enlarged on bail by the Court. In these circumstances, in view of Anand Sakharam Raut v. State of Maharashtra and another, 1987 Cri.L.J. 323, the petitioner's detention suffers from absence of application of mind on the part of the detaining authority while passing the order of detention. As held by the Supreme Court in the case of Anand Sakharam Raut (supra) one does not know how the detaining authority would have acted if he was made aware of the bail having been granted to the petitioner. The impugned order of detention is, liable to be quashed on this ground alone.

(3.) THE petitioner has taken up some other grounds to challenge the validity of his detention but I do not think it necessary to go into all the grounds in view of the fact that on the ground discussed above the petitioner's detention cannot be upheld. I am not satisfied that this is a fit case to resort to preventive detention.