The Delhi High Court today directed the Centre to release a man, who was detained in Tihar Jail to prevent him from smuggling gold and high-end gold jewellery, while holding that all vital material was not placed before the authority which ordered his detention.
A bench of Justices G P Mittal and G S Sistani set aside the order of detention passed by the Joint Secretary to the government of India in June this year under the provision of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA).
"...There is no escape from the conclusion that all the relevant and vital material/documents were not placed before the Detaining Authority.
"The detention order is consequently vitiated; the same is accordingly set aside," the bench said.
"The detenue be released forthwith," it ordered.
"It is well settled that the subjective satisfaction requisite on the part of the Detaining Authority, the formation of which is a condition precedent to the passing of the detention order, will get vitiated if material or vital facts which would have a bearing on the issue and would influence the mind of the Detaining Authority one way or the other are ignored or not considered by the Detaining Authority before issuing the detention order," the bench said.
The order of the court came on the plea of one Shail Jain who had moved the high court seeking release of his father Komal Jain who had been ordered to be detained and kept in custody in the Central Jail, Tihar.
