Rajesh Gulati vs Govt. Of N.C.T. Of Delhi & Anr on 29 August, 2002
11. The learned counsel very heavily relies upon the decision of the
Supreme Court in RAJESH GULATI Vs. GOVERNMENT OF NCT OF DELHI reported in
2002 (83) ECC 281 (SC). As per this decision, according to the learned
counsel, the Supreme Court found that the withdrawal or retaining of the
passport was a relevant circumstance. The learned counsel pointed out that in
paragraph 15 of the judgment, the Supreme Court has clearly expressed that the
withdrawal of the passport was a relevant circumstance and that the conclusion
drawn by the detaining authority and some statements made while stating the
reasons for detention were in the nature of pure speculation on the part of
the detaining authority. It will be better to quote paragraph 15 of said
judgment: