Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 - s. 3 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - s. 3 - Detention order - Based on seizure of goods from container covered under Bill of Entry where detenu mis-declared/smuggled goods as also past eight consignments cleared earlier - A/legation that detenu likely to indulge in smuggling activities - Challenge to - Held: Detention order not sustainable - There was non application of mind by Detaining Authority - It relied on extraneous and irrelevant materials - 'Inconclusive state of investigation cannot be basis for passing detention order against the detenu - Offence alleged were not 'smuggling' - There was no violation of Customs Act - Said eight consignments were cle.ared by Custom Authorities after proper verification - There were no past activities to constitute legitimate basis for detaining him - Thus, detention order is quashed- Customs Act, 1962- ss. 111 and 2(39). There were allegations against the appellant's husband that he was likely to indulge in smuggling activities in future. The detention order was issued against him u/s.3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Appellant filed writ petition seeking release of detenu from detention and quashing of detention order. High Court dismissed the writ petition. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2009 INSC 422 |
Petitioner | Pooja Batra |
Respondent | Union Of India & Ors. |
SCR | [2009] 5 S.C.R. 67 |
Judgement Date | 2009-03-27 |
Case Number | 563 |
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