JUDGMENT

RAY, J. :— Special leave granted. Arguments heard.

2. This appeal on special leave is against the judgment dated 10th June, 1988 made by High Court of Allahabad* dismissing Criminal Writ Petition No. 257 of 1988 instituted by the detenu.

* or High Court of Bombay - Ed

3. The facts giving rise to this appeal are that on August 25, 1987 the house of the appellant was searched by the officers of the Enforcement Directorate under Section 37 of Foreign Exchange Regulation Act, 1973 and they seized currency notes of Rs. 1 lakh and four bank drafts amounting to Rs. 30,000/- bank pass book and loose sheets Nos. 1 to 44 as per item No. 2 in panchnama dated August 25, 1987. The statement of detenu was recorded and he was arrested on the same day. On August 26,1987 the detenu made an application in the Court of Addl. Chief Metropolitan Magistrate, 8th Court at Esplanade retracting his statement. The Magistrate made an order thereon that "Taken on record". An application for bail was moved on September 15, 1987 and an order had been made on that day releasing him on bail of Rs. 1 lakh with a condition imposed that he would attend Enforcement Department Office every day between 11 a. m to 2 p.m. until further order. The detenu filed an application on September 22, 1987 for variation of the said conditional order and the condition was varied by the Magistrate by directing that the detenu may attend the Enforcement Department as and when required. The Enforcement Directorate sent a letter directing the detenu to collect his passport deposited during the time of questioning. The passport however, remained with the Enforcement Department. Thereafter, on February 9, 1988 the impugned order of detention of the detenu in Central Prison, Bombay was made by the respondent No. 1, the Joint Secretary., Government of India. The order of detention was served on the detenu on February 19, 1988 and the grounds of detention were furnished to him.

4. A Criminal Writ Petition No. 257 of 1988 was filed before High Court, Bombay for quashing the said detention order on the grounds inter alia that certain vital documents such as the application dated September 21, 1987 for variation of the condition of bail as well as the order passed by the Chief Metropolitan Magistrate varying the condition, the application dated August 26, 1987 retracting the statement by the detenu filed before the Magistrate and non-consideration of the same, as well as the non-supply of the copies of Bank pass books and loose papers seized from the residence of detenu and mentioned in panchnama dated August 25, 1987 which were placed before the detaining authority etc. vitiated the subjective satisfaction of the detaining authority and consequently the order of detention is illegal and bad. A Rule Nisi was issued.

5. A return was filed by the respondent No. 1 wherein the detaining authority denied the allegations and stated that all vital and material documents which had been considered in forming his subjective satisfaction and mentioned in the grounds have been supplied to him and as such the impugned order of detention is not illegal and bad. The criminal writ petition was, therefore, dismissed.

6. Aggrieved by the judgment of the High Court, the instant appeal on special leave has been filed.

7. It was firstly contended on behalf of the appellant that the application for bail and the order dated September 15, 1987 by the Metropolitan Magistrate granting conditional bail of Rs. 1 lakh with one surety of like amount though placed before the detaining authority, the application for variation of the condition and the order made thereon by the Magistrate on September 21, 1987 was hot produced before the detaining authority. This is a vital document and non-consideration of the same by the detaining authority results in the order being illegal. The decision in Ashadevi wife of Gopal Ghermal Mehta (detenu) v. K. Shiveraj, Addl. Chief Secretary to the Government of Gujarat, (1979) 2 SCR 21