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 Dismissed |
Headnote | Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974: ss. 3 & 12-Preventive detention-Period of parole-Whether could be added to period of detention-Court whether competent to grant parole.Constitution of India: Articles 226 and 32-COFEPOSA Act- Preventive detention-Powers of the Court to release on parole. Words & Phrases: 'Parole'-'detain'-Meaning of. Sub-section (6) of s. 12 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 prohibits release of a detenu on bail, or bail bond or otherwise, during the period a detention order is in force. Sub-sections (1) and (1A) of s. 12, however, permit temporary release by the Central or State Governments on certain terms and conditions. Section 10 provides for a maximum period of detention of one year In cases to which provisions of s. 9 do not apply.The husband of the petitioner was detained under s. 3(1) of the Act by an order dated February 28, 1986. His representation under s. 8(b) was rejected by the detaining authority on April 4, 1986. The Advisory Board in its sittings on April 28, and 29, 1986 concluded that there was sufficient cause for detention. The order of detention was confirmed by the Minister on May 14, 1986. The writ petition filed under Article 32 of the Constitution on April 23, 1986 was heard by the Vacation Judge on May 15, 1986 who made an order for the release of the detenu on parole and directed the matter to be listed in early August of 1986. The case, however, could not be listed till January 14, 1987, and was finally heard on March 3, 1987. The detenu had been out of jail during the entire period. The period of one year expired on February 28, 1987. It was contended for the petitioner that the period of parole from May 15, 1986 till February 28, 1987 could not be added to the period of detention specified in the order under sub-s. (1) of s. 3 of the Act, that the period of one year from the date of detention having expired on February 28, 1987 the order of detention had lapsed entitling the detenu to be freed, and that once the detenu is taken into custody under the Act pursuant to an order of detention the running of time would not be arrested merely because the court directs the release of the detenu on parole. Relying on the decision in Lala Jairam Das & Ors. v. Emperor. (AIR 1945 PC 94) it was contended that the court cannot on general principles add the period of bail or parole to the period of detention, and that the ratio laid down in Amritlal Channumal Jain etc. v. State of Gujarat & Ors., (W.P. Nos. 1342-43 of 1982 decided on July 10, 1985) that the period during which a detenu was on parole should be taken into account while calculating the period of detention has to prevail and must be taken as binding. |
Judge | Hon'ble Mr. Justice A.P. Sen |
Neutral Citation | 1987 INSC 124 |
Petitioner | Smt. Poonam Lata |
Respondent | M.l. Wadhawan & Ors. |
SCR | [1987] 2 S.C.R. 1123 |
Judgement Date | 1987-04-22 |
Case Number | 292 |
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