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 | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 - Order of detention made - Detenu absconded for 3 years and later surrendered - Live and proximate link between grounds of detention and purpose of detention - Whether snapped. Constitution of India 1950 - Article 22(5) - Order of detention made on the basis of intelligence report - Necessity to disclose the identity of the author of the report and the material on which the report is based - Detenu not claiming disclosure - Whether detenu can assail such order of detention. An order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was passed in December 1974 against the appellant. But it could not be executed because the detenu was absconding and could not be apprehended despite a proclamation made under section 7 of the Act. More than three years after the order was passed, the appellant surrendered in February, 1978. His application for a writ of habeas corpus was rejected by the High Court. In his appeal against the judgment of the High Court as well as in a petition under Art. 32 of the Constitution raising grounds not raised before the High Court, the appellant contended that (1) the detention order made more than three years before its execution must be considered to have lapsed without fresh application of the mind of the detaining authority to the facts and circumstances of the case, (2) all the four persons who had made statements against the detenu had resiled from their earlier statements long before the order of detention and the failure of the detaining authority to consider such vital material vitiated the order of detention, and (3) the detention order was not based upon any "rationally probative" material, in as much as it was based upon an intelligence report, not disclosed to the detenu and that this had resulted in denial to the detenu of his fundamental right under Art. 22(5) of the constitution. |
Judge | Hon'ble Mr. Justice O. Chinnappa Reddy |
Neutral Citation | 1978 INSC 254 |
Petitioner | Bhawarlal Ganeshmalji |
Respondent | State Of Tamil Nadu & Anr. |
SCR | [1979] 2 S.C.R. 633 |
Judgement Date | 1978-12-11 |
Case Number | 233 |
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