Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conservation of Foreign Exchange & Prevention of Smuggling Activities Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India, 1950: Article 22(5). Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974; SS. 2(f) & 3( 1). Preventive Detention-Grounds of detention and copies of documents not in language understood by detenu-Validity of detention order. Practice & Procedure: Detention order challenged on ground of non-application of mind-Return to the rule-Utmost care to be taken in making the affidavit of return.The husband of the petitioner, who is of Ladakhi origin, was found by the Customs authorities in possession of considerable quantity of gold with foreign markings and Indian currency. A large number of gold pieces of foreign origin, Indian currency and US dollars were also recovered from his residence. He failed to produce the relevant papers though he claimed these articles. He admitted the recovery but maintained that he held the articles for a third person. The detaining authority relying upon the materials available in the proceedings before the Customs authorities made an order of detention under s.3(1) read with s.2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The grounds in support of that order and copies of 17 documents were supplied to the detenu alongwith it. The representation made by him G against detention was rejected by the Advisory Board. In the writ petition under Article 32 of the Constitution it was contended for the petitioner that the detenu has been denied a fair and adequate opportunity of representing against his detention in as much as the grounds of detention and the copies of documents accompanying the grounds were furnished in Tibetan language while the detenu knew only Ladakhi, that copies of all the material documents shown in the list were not supplied to him, that the order was vitiated as the detaining authority did not apply its mind to the relevant papers before making the impugned order, and that the representation made by him was not sent to the Advisory Board in good time. |
Judge | Honble Mr. Justice Ranganath Misra |
Neutral Citation | 1987 INSC 50 |
Petitioner | Tsering Dolkar |
Respondent | Administrator, Union Territory Of Delhi & Ors. |
SCR | [1987] 2 S.C.R. 323 |
Judgement Date | 1987-02-18 |
Case Number | 670 |
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