NDLI: Union of India & Ors. Vs. Manoharlal Narang

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Smugglers and Foreign Exchange Manipulators (forfeiture of Property) Act, 1976 (13 of 1976)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, section 6 (1) read with section 2, scope-Right of a relative to raise all grounds available to him though such grounds were raised and found against in an earlier proceedings against the detenu- principle of Resjudicata will not apply. Doctrine of the application of the mind, scope Constitution of India, 1950, Articles 141 and 144, scope of-Conditional order passed by the Supreme Court for the release of a detenu-Condition imposed by the Supreme Court in its order dated 1.5.1975 is a material and relevant factor, but not taken into account-Counter affidavit filed that it is not necessary to take note of-Propriety of the order. Respondent and Ramlal Narang are brothers. An order of detention passed on 19.12.1974 under section 3(1) of the COFEPOSA against Ramlal Narang was successfully challenged by W .P. 10/75 before the , Delhi High Court. An appeal was filed against that order before the Supreme Court by the Union of India. Refusing a stay application, the Supreme Court passed an order imposing certain conditions on the movement of Ramlal Narang. On 25.6.1975 Emergency was declared. On 1. 7 .1975 a fresh order of detention was passed against Ramlal on the same facts and grounds. The earlier appeal filed by Union of India F against W.P. 10/75 was dismissed in 1977. Ramlal was detained under the second order of detention. A writ petition No. 115/75 filed by bis i relative before the Delhi High Court challenging the second detention was dismissed on 25.11.1975. An appeal was filed by certificate against that order before the Supreme Court as Crl. Appeal No. 399/75. In the meanwhile, notices under sections 6 and 7 of the Smugglers and Foreign G Exchange Manipulators (Forfeiture of Property) Act, 1976 were issued against Ramlal. These notices were challenged by him by filing W .P. No. 720/75 in the Delhi High Court. Subsequently Crl. Appeal No. 399/75 was disposed of observing that it would be open to raise all contentions available to him in W .P. 720/75 notwithstanding what is contained in W .P. 115/75. The Delhi High. Court having dismissed W .P. H NO. 720/75, Crl. Appeal No. 2790/85 was preferred to the SupremeCourt and is now pending before the Constitution Bench on the question of competency of the authorities to issue second detention order on the same grounds and facts. While Respondents Manoharlal was in England an order of detention Under COFEPOSA was issued against him on 31.1.1975. He was brought to India on some express understanding given to the Government of the United Kingdom. His order of detention was quashed by the Bombay High Court, while allowing his writ petition No. 2752/75 on 8.7.1980. The Union appeal against the same was dismissed on 4.11.1980 by the Supreme Court. A further notice under section 6 of the SAFEMA read with section 2 was issued to the Respondent on 29.10.83 on the basis of the detention order dated 1. 7 .1975 issued against Ramlal. A full bench of the Bombay High Court quashed the said notice resulting in the present Crl. Appeal No. 662/86 by Union of India. The appellants plea to have the case tagged on to Crl. Appeal No. 2790/85 pending before the Constitution Bench was opposed by respondent since he could succeed on merits.
Judge	Hon'ble Mr. Justice V. Khalid
Neutral Citation	1987 INSC 65
Petitioner	Union Of India & Ors.
Respondent	Manoharlal Narang
SCR	[1987] 2 S.C.R. 454
Judgement Date	1987-03-02
Case Number	662

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Union of India & Ors. Vs. Manoharlal Narang

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