Background of the Case:
The case involves a challenge to a detention order passed against the petitioner, Deepak Gopaldas Bajaj, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA).

Issue of the Case:
The primary issue in the case is the legality of the detention order passed against Deepak Bajaj. The petitioner contended that the detention order should be quashed because the relevant material was not placed before the Detaining Authority when the order was passed. This, according to the petitioner, vitiates the detention order.

Contention of Parties:
The petitioner, Deepak Bajaj, argued that the detention order was illegal because the Detaining Authority did not have all the relevant facts before it when making the decision. Specifically, the petitioner claimed that certain retractions of statements made to the Directorate of Revenue Intelligence (DRI) were not considered by the Detaining Authority.

The respondents, represented by the State of Maharashtra, contended that the petition should not be entertained because it was filed at a pre-execution stage, before the petitioner had surrendered or was arrested. They also argued that the grounds for challenging the detention order were not exhaustive and that the Detaining Authority had the necessary information to make an informed decision.

Issues Dealt with by the Court:
The court addressed several issues in this case. Firstly, it considered whether the High Court and the Supreme Court have the power to review a detention order at the pre-execution stage. The court held that there is no restriction on the powers of the High Court and the Supreme Court to review judicially the order of detention under Articles 226 and 32 of the Constitution of India.

Secondly, the court examined the principle that a judgment should be read in the context of the facts of the case and not as a statute. It emphasized that precedents should be followed only to the extent that they mark the path of justice and that courts should avoid treating judicial utterances as if they were words in a legislative enactment.

Thirdly, the court discussed the importance of personal liberty as enshrined in Article 21 of the Constitution and the need to maintain it unimpaired. It also highlighted the duty of the authorities to place all relevant materials before the Detaining Authority to ensure a fair and informed decision-making process.

Reason and Final Decision:
The court reasoned that the detention order was illegal because the Detaining Authority did not consider the retractions of statements made by the petitioner, which were relevant and should have been placed before the Detaining Authority. The court found that the non-placement of these materials vitiated the detention order, making it invalid and illegal.

The Supreme Court allowed the writ petition and quashed the impugned detention order dated May 22, 2008. The court's decision underscores the importance of due process and the right to personal liberty, and it serves as a reminder that judicial decisions must be contextual and consider all relevant facts before reaching a conclusion.

Case Citation: Deepak Bajaj Vs State of Maharashtra: AIR2009SC628

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Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539