Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 108 s.3 Customs Act ss.135 1962 Conservation of Foreign Exchange & Prevention of Smuggling Activities Act 1974 |
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) Customs Act, 1962 (52 of 1962) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 – s.3 – Customs Act, 1962 – ss.135, 108 – Appellants-Union of India case that respondents smuggled huge volume of gold weighing more than 3300 kgs. from UAE to India – Respondents were arrested for the offence punishable u/ s.135 of the Customs Act – Orders of detention were passed on 17.05.2019 against the respondents u/s.3 of COFEPOSA – Detention orders were served on respondents-detenues on 18.05.2019 however, compilation of documents was served on detenues on 21.05.2019 and 22.05.2019 – High Court quashed the detention orders on the ground that the relied upon documents were not served upon the detenues together with the detention orders and there was violation of guideline No.21 (Part A of DO’s) and guideline No.9 (Part B of Don’ts) of “Hand Book on compilation of Instructions on COFEPOSA matters” – On appeal, held:s.3(3) of COFEPOSA stipulates the statutory period of five days to serve the grounds of detention and in exceptional circumstances and for reasons to be recorded not later than fifteen days from the date of detention – In the instant case, the detention orders and the grounds of detention were served upon the detenues on 18.05.2019 – The relied upon documents were served upon them between 20.05.2019 and 22.05.2019 i.e. within five days from the date of serving detention orders i.e. 18.05.2019 – Therefore, the statutory requirement was complied with – The High Court erred in quashing the detention orders on the ground that the documents and materials were not supplied pari passu the detention orders – In so far, “Hand Book on compilation of Instructions on COFEPOSA matters” is concerned, the said guidelines were also fully complied with – Also, it is well settled principle that any executive instructions like guidelines cannot curtail the provisions of any statute or whittled down any provision of law – Thus, impugned judgment of the High Court quashing the detention orders set aside. Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 – s.3 – Appellants-Union of India alleged that respondents smuggled huge volumes of gold from UAE to India – Detaining Authority-Joint Secretary (COFEPOSA) being satisfied that the respondents had high propensity to indulge in the prejudicial activities, passed order of detention dated 17.05.2019 u/s.3 of the COFEPOSA Act – High Court quashed the detention orders on the ground that the detaining authority has to record grounds of detention indicating the reasons with the satisfaction that there is imminent possibility of detenue’s release from the custody and after release, such person is likely to continue to indulge in the prejudicial activities – On appeal, held: The detention orders dated 17.05.2019 recorded the awareness of the detaining authority : (i) that the detenue is in custody; (ii) that the bail application filed by the detenues was rejected by the Court – Merely because in the detention orders, the detaining authority has not specifically recorded that the ‘detenue is likely to be released’, ‘detenue’s likelihood of being released on bail’ and ‘if so released, he is likely to indulge in the same prejudicial activities’ , it cannot be said that detaining authority did not apply its mind – The detaining authority had clearly recorded the antecedent of the detenues – On the facts and circumstances of the present case, the subjective satisfaction of the detaining authority that the detenue is likely to be released on bail was based on materials – On perusal of the grounds of detention, it is clear that detenues were indulging in smuggling of gold and disposing of the foreign origin smuggled gold through jewellery outlets – High Court erred in quashing the detention orders merely on the ground that the detaining authority had not expressly recorded the finding that there was real possibility of the detenues being released on bail – Thus, order of the High Court not sustainable. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 777 |
Petitioner | Union Of India 2. Joint Secretary (cofeposa), Govt. Of India, Ministry Of Finance |
Respondent | Dimple Happy Dhakad |
SCR | [2019] 8 S.C.R. 1153 |
Judgement Date | 2019-07-18 |
Case Number | 1064 |
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