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42. On 19th March, 2008, the detaining authority had called for five additional documents from the sponsoring authority. On 24 th March, 2008, twenty one additional documents were found missing from the proposal by the detaining authorities. Certain clarifications were sought from the sponsoring authority.

43. So far as the anticipatory bail proceedings are concerned, as noticed above, it was the stand of the customs authorities before the learned Sessions Judge that the detenu was not required to be arrested on 1st September, 2007 for the purposes of investigation. There is no additional material as set out in the notice to show cause or incident relied upon by the authorities which thereafter could support the preventive detention of the petitioner.

65. A third objection of the detenu with regard to the documents which had been supplied to him has been made before us. It is pointed out that at serial no.73 of the list of relied upon documents, reliance is placed on three invoices. However, only two invoices at page nos.314 to 315 were placed in the set of documents served on the detenu. The invoice no.262 dated 19th January, 2007 though mentioned in the list of the relied upon documents, is missing from the set of documents served upon the detenu as well as from the office copy maintained by the respondents.