NDLI: Harbans Lal Vs. M.l. Wadhawan & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Detenu-Right of-To lead evidence in rebuttal of allegations against him before Advisory Board -
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974)
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Section 3(1) and 8-Detenu-Right of-To lead evidence in rebuttal of allegations against him before Advisory Board - To choose between affidavit evidence and oral evidence.The petitioner's son was detained under s. 3(1) of the COFEPOSA Act,1974 pursuant to a detention order passed on March 31, 1986. He was found in possession of a large quantity of contraband goods worth over Rs. 21 lacs, hidden in his premises, which be had brought from Hongkong.On April 29, 1986, before the Advisory Board the detenu wanted to prove that the premises in which the contraband goods were found was not in his possession and in support thereof he wanted to examine five witnesses, who were present when the matter was being heard by the Advisory Board. The Board declined to examine the witnesses, but permitted the detenu to produce their affidavits. Since it was not possible to secure the affidavits, on the next hearing date, an application was made for their examination, but the Board decline this request and forwarded its proceedings to the Central Government who confirmed the detention order. The detenu filed a petition under Article 226 of the Constitution challenging the detention order. The High Court dismissed the petition holding - that the witnesses were not required under the law to be subjected to cross examination, that the Advisory Board was right in suggesting to file the affidavits of the witnesses, that the plea that the witnesses declined to file their affidavits was flimsy and without any valid reason, that the plea that evidence in the shape of affidavits is an inferior type of evidence hardly deserves any worthwhile consideration, that if on perusal of-the affidavits the Advisory Board considered to call any of the deponents it could have been done and that it cannot be said that the detenu was deprived of his right of defence before the Advisory Board. In the Special Leave Petition and the Writ Petition before this Court on behalf of the detenu it was contended (i) that the Advisory Board acted in violation of law in denying the detenu his right to examine witnesses in rebuttal, who were readily available and present on the dates of hearing; (ii) that the Advisory Board was bound under law to send the entire records of the proceedings to the Central Government for applying its mind before making the order of confirmation; and (iii) that the Central Government, in this case, was not informed about the presence of five witnesses before the Advisory, Board, ready to be examined and the Board's refusal to record their evidence.
Judge	Hon'ble Mr. Justice V. Khalid
Neutral Citation	1986 INSC 258
Petitioner	Harbans Lal
Respondent	M.l. Wadhawan & Ors.
SCR	[1987] 1 S.C.R. 425
Judgement Date	1986-12-04
Case Number	2466

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