| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Conservcation of Foreign Exchange and Prevention of Smuggling Activities Act 1974-Section 3(1) |
| 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 Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Section 3(1)-Detenu detained on allegation of smuggling of gold - His advocate not permitted at the time of his interrogation - Confessional statements retracted by detenu - No material placed before detaining authority while Passing detention order - Order validity of. A detention order, under s. 3 ( 1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was passed by the respondent against the detenu (appellant's husband) with a view to prevent him from engaging in transporting smuggled gold. When the detenu was in the custody of the Customs Officers, his advocate addressed a letter and sent a telegram to them protesting against his detention and illegal custody beyond 24 hours and also expressing an apprehension that he was being detained with a view to obtain confessional statements under duress. It was admitted that the advocate's request for permission to remain present at the time of interrogation of the detenu was turned down by the Customs Officers. The advocate was also told that the detenu would be produced before a Magistrate at 5.30 p.m. on the day of her request. But that was not done. He was produced on the following day and was remanded to judicial custody permitting further interrogation by the Customs Officers. During such interrogation while in judicial ,custody, the detenu refused to sign the further statements and squarely resiled from his earlier confessional statements disowning the facts therein stated. While the detenu's application for bail was pending before the Magistrate, the respondent passed the impugned order. In her petition under Art. 226 of the Constitution for the issue of a writ of habeas corpus, the appellant contended that the order of the detaining authority was liable to be set aside because full facts of the case were not intimated to it before detention order was passed and, therefore, there was complete non-application of mind of the detaining authority to the attendant vital circumstances. The High Court dismissed the petition. |
| Judge | Hon'ble Mr. Justice V.D. Tulzapurkar |
| Neutral Citation | 1978 INSC 222 |
| Petitioner | Ashadevi Wife Of Gopal Ghermal Mehta (detenu) |
| Respondent | K. Shiveraj, Addl. Chief Secretary To The Government Of Gujarat & Anr. |
| SCR | [1979] 2 S.C.R. 215 |
| Judgement Date | 1978-11-03 |
| Case Number | 350 |
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