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 Passing of detention order in case of person already in judicial custody 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) |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 – Passing of detention order in case of person already in judicial custody – Subjective satisfaction of the Detaining Authority– One ‘A’ carrying 8 Kgs. of gold of foreign origin valued at Rs.2.71 crores approx. intercepted by the Directorate of Revenue Intelligence, Kolkata Zonal Unit – He indicated that he was engaged by the detenus – Detenus apprehended – Bail rejected– Remanded to judicial custody– Detention orders passed by the Detaining Authority– Writ petition filed by the respondent challenging the detention orders against his father and brother (detenus)– High Court quashed and set aside the detention orders – In appeal by both the parties and writ petitions filed by various writ petitioners, held: Detaining Authority while passing the detention orders was aware of the fact that the detenus are actually in custody; that there is a real possibility of their being released on bail; and that on being so released they would in all probability indulge in prejudicial activities and therefore it is essential to prevent them from smuggling of gold and foreign currency in future – Detention orders show the application of mind by the Detaining Authority – Detenus were granted bail by the Court on the very date the orders of detention were quashed by the High Court, therefore, the apprehension in the mind of the Detaining Authority that the detenus are likely to be released on bail was well founded and fortified – Further, when the detention orders were passed by the Detaining Authority, neither the Sponsoring Authority nor even he Detaining Authority was aware of any retraction petition of ‘A’ – No occasion and/or reason for the Detaining Authority to consider his retraction statement – Thus, it cannot be said that on non- consideration of A’s retraction petition, the detention orders were vitiated – High Court erred in interfering with the subjective satisfaction of the Detaining Authority – Impugned judgment set aside – Detention orders of the respective detenus restored – Detenus be taken into custody forthwith by the Detaining Authority – In view of the judgment in Criminal Appeal arising from SLP (Criminal) No. 7010/2019, no merit found in the present writ petitions – Customs Act, 1962 – s.104, 108 – Constitution of India – Arts.22(5), 32. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 1276 |
Petitioner | Union Of India Through Joint Secretary (cofeposa), Ministry Of Finance, New Delhi |
Respondent | Ankit Ashok Jalan |
SCR | [2019] 14 S.C.R. 169 |
Judgement Date | 2019-11-22 |
Case Number | 1746 |
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