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 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 Dismissed |
Headnote | Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - S. 3(1) - Scope of - S. 8(b) - Constitutional safeguards embodied in Art. 22(5) must he read into S. 8(b).The appellant was detained under s. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to prevent him from smuggling goods. Two representations made by him against his detention were forwarded by the Government to the Advisory Board with its comments. He was later produced before the Advisory Board. On receipt of the Advisory Board's report that there was sufficient cause for detention, the order of detention was confirmed by the Government.The High Court dismissed his petition under Art. 226 of the Constitution. In appeal the appellant challenged the order of detention on the ground that (1) it was in violation of the right guaranteed under Art. 22(5) inasmuch as the Government withheld consideration of the representations made by him till after the hearing by the Advisory Board, and (2) the impugned order of detention was bad due to non-application of mind of the detaining authority inasmuch as the facts alleged clearly and distinctly showed that the appellant did not himself smuggle the goods. |
Judge | Hon'ble Mr. Justice A.P. Sen |
Neutral Citation | 1978 INSC 232 |
Petitioner | Narendra Purshotam Umrao Etc. |
Respondent | B. B. Gujral & Ors. |
SCR | [1979] 2 S.C.R. 315 |
Judgement Date | 1978-11-17 |
Case Number | 451 |
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