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 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 Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 - S. 3 - Grounds of detention stated detenu "likely to engage in transporting smuggled goods" - Validity of - Reasonable nexus between prejudicial activities and purpose of detention - Tests for determination of. The appellant was detained under the Maintenance of Internal Security Act, 1971 in September, 1974 but was released in December, 1974. In February, 1977 he was detained under s. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on the ground that he was "likely to engage in transporting smuggled goods". One of the grounds of detention stated : "you were an associate of a notorious smuggler, that you were engaged in piloting smuggled goods loaded in trucks from the place of landing .... " In support of the above, two instances were mentioned : one relating to an incident on 6th August, 1974 and another on 25th August, 1974. In the appelIant's writ petition the High Court observed (1) that although some of the activities attributed to the detenu related to August 1974, the fact -that the detenu was in illegal employment of a notorious smuggler under detention clearly indicated that there was connection between him and the smuggler and (2) that a reasonable nexus between the prejudicial activities and the purpose of detention could not be said to have been snapped by the time lag rendering the impugned order of detention as one without genuine satisfaction of the detaining authority. In appeal to this Court it was contended on behalf of the appellant that the order of detention was bad, in that it disclosed that the satisfaction arrived at by the detaining authority was mechanical and without application of his mind. |
Judge | Hon'ble Mr. Justice P.S. Kailasam |
Neutral Citation | 1978 INSC 224 |
Petitioner | Rekhaben Virendra Kapadia |
Respondent | State Of Gujarat & Ors. |
SCR | [1979] 2 S.C.R. 257 |
Judgement Date | 1978-11-07 |
Case Number | 105 |
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