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Mrs.Remya vs State Of Tamil Nadu on 2 April, 2008 cites

A. Sowkath Ali vs Union Of India & Ors on 1 August, 2000

10. A careful perusal of the detention order shows that the above three documents, namely, diary seized from the detenu, Form 13 and the letter of authorisation said to have been given by the detenu have relevance for passing the detention order. This is evident from paragraph-4 of the grounds of detention, where the detaining authority has stated "while arriving at the subjective satisfaction to detain you under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the State Government have taken into consideration of all the facts and material referred to and relied upon in the grounds mentioned above and also the statement, mahazars and bail petition." The above paragraph-4 came up for consideration before the Apex Court in the judgment in A.Sowkath Ali v. Union of India and others (AIR 2000 SC 2662) and the Apex Court has held that "the grounds of detention leaves no room of doubt and makes it absolutely clear that the State Government have taken into consideration and relied upon all the facts and material referred to in the grounds of detention mentioned therein and when the grounds of detention themselves record that the State Government have taken into consideration and relied upon what is stated in the grounds, it must also include all the documents". On the facts of this case, though the three documents in question, namely, diary, Form 13 and the authorisation letter even if considered to be referred to documents, they have some relevance for the detaining authority to arrive at the conclusion and therefore those documents should be considered only as relied upon documents.
Supreme Court of India Cites 17 - Cited by 56 - Full Document
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