NDLI: V.c. Mohan Vs. Union of India and Ors.

V.c. Mohan Vs. Union of India and Ors.

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V.c. Mohan Vs. Union of India and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1278 132 and 135 1962/Conservation of Foreign Exchange and Prevention of Smuggling Activities Act Customs Act 1974-Sections 124
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Customs Act, 1962/Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Sections 124, 127B, 132 and 135/Section 3(1)(i)-Preventive detention-Detenu charged under Customs Act-Detention under COFEPOSA Act after 7 months of the charge-During release on bail, detenu not involved in any illegal activities-Non-placement of relevant documents before the Detaining Authority by sponsoring authority-Held, non-placement of the relevant materials is a serious lapse. Hence, the order of detention unlawful and illegal. Preventive detention-Constitutional sanction for-Held, is not without limitation-Conduct of Detaining Authority or Governmental Authority ought to be fair and reasonable-Constitution of India, 1950-Article 21. Petitioner/detenu was charged for offences under Sections 132 and 135 of Customs Act, 1962 for misdeclaration of Bill of Entry. After investigation, Customs Department seized goods from the petitioner and he was arrested. Subsequently he was enlarged on bail. On completion of investigation the Department issued show cause notice under Section 124 of Customs Act.Thereafter, Petitioner filed application under Section 127B of Customs Act before Settlement Commission, which by its order directed the petitioner to make payment of additional duty. After 7 months from the date of charge, the detaining authority passed an order of detention under Section 3(1)(i) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. However, the application before Settlement Commission and its Order were not placed before it. During the period when the detenu was on bail, he admittedly did not indulge in any illegal activities. Petitioner/detenu filed petition under Article 32 of the Constitution challenging the detention. He contended that the detention was without authority of law and it infringed his fundamental rights since there was failure to place the application filed before the Settlement Commission and its order before the detaining authority.
Judge	Hon'ble Mr. Justice U.C. Banerjee
Neutral Citation	2002 INSC 112
Petitioner	V.c. Mohan
Respondent	Union Of India And Ors.
SCR	[2002] 2 S.C.R. 144
Judgement Date	2002-03-01
Case Number	169

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