G.G.LONEY, M.M.QAZI
Siraj Khan – Appellant
Versus
L. Himingliana, Secretary, Govt. of Maharashtra – Respondent
Qazi, J. - The petitioner has challenged the impugned order dated 9th October 1987 passed under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act; 1974. Several challenges have been raised by the petitioner, but in our view it is not necessary to enter into all those challenges since the petition can be disposed of in view of the challenge raised in ground (f) wherein the petitioner has alleged that he was released on bail on 1st July 1987 by the Metropolitan Magistrate on certain conditions. He contended that he complied with the said conditions and was on bail. His grievance is that the fact that he complied with the conditions and that he was on bail was a vital fact, which would have affected the subjective satisfaction of the detaining authority in one way or the other and, therefore, it was obligatory on the part of the sponsoring authority to place before the detaining authority the said fact. He has further contended that it was equally obligatory on the part of the detaining authority to consider the said material fact in depth before invoking the drastic powers of preventive detention without trial.
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