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 Preventive Detention |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
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)-Preventive Detention-Accused arrested for possession of foreign currency-Bail granted and application for cancellation of bail also dismissed-Detention order passed to prevent commission of similar offences by him-High Court quashed detention order-On appeal held, preventive detention largely based on suspicion and court is not the appropriate forum to investigate as detaining authority is alone entrusted with the duty in that regard-Judgment of a court should not substitute the subjective satisfaction of the investigating authority-Only grounds of detention and its relevancy to the object of the legislation can be examined by the court-Order of detention stands restored, if circumstances as were apprehended still exist in the view of the Government.Preventive Detention-Lapse of time between order to detain and its implementation-Accused delayed process by evading arrest and obtaining interim order against it-Nexus between the object of detention and circumstances in which it was ordered had not snapped by mere passage of time. |
Judge | Honble Mr. Justice S. Rajendra Babu |
Neutral Citation | 2000 INSC 442 |
Petitioner | Union Of India And Ors. |
Respondent | Arvind Shergill And Anr. |
SCR | [2000] Supp. (3) S.C.R. 244 |
Judgement Date | 2000-09-13 |
Case Number | 703 |
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