NDLI: Pramod Singla Vs. Union of India & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Conservation of Foreign Exchange and Prevention of Smuggling Activities Act Preventive Detention 1974
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 – Preventive Detention – Representation by detenue to the Central Government, the detaining authority and the Advisory Board – Central Govt. if bound to wait for the decision of the Advisory Board before deciding the representation – Whether there exists an incongruity between the Pankaj Kumar case and the Abdullah Kunhi case – Held: No – Since these two judgments exist symbiotically and apply to two separate authorities within the COFEPOSA Act, there exists no friction between the judgments – The mandate to wait for the decision of the Advisory Board, as per the Pankaj Kumar Judgment would apply to the Central Govt., however, the detaining authority, being independent of the Govt., can pass its decision without the decision of the Advisory Board – In the present case, the appellant-detenue sent a representation to both, the specially empowered officer and the Govt. – Detaining authority decided on the representation expeditiously without waiting for the decision of the Advisory Board, and hence, did not violate the Pankaj Kumar Judgment – The Govt. waited for the decision of the Advisory Board – This was also in accordance with the decision of the Abdullah Kunhi case, since the Govt., being a separate authority, is bound to wait for the decision of the Advisory Board – Thus, both, the detaining authority and the Govt. worked within the procedure established by law – Hence, the impugned detention order is not liable to be struck down on the ground of 60 days delay on the part of the Govt. in consideration of the representation made by the appellant – However, in the present case, the appellant was supplied with illegible documents in a foreign language – Also, the principle of parity is squarely applicable in this case, as the detention order was quashed against a similarly placed co-detenue – Impugned detention order liable to be set aside – Appellant was however, already released on grounds of expiry of the detention period – Constitution of India – Arts. 21, 22(5) – Preventive Detention Act, 1950 – s. 3.Constitution of India – Article 21, 22(5) – Held: In cases where illegible documents have been supplied to the detenue, a grave prejudice is caused to the him in availing his right to send a representation to the relevant authorities – Thus, the relief u/Article 22(5) and the relevant statutory provisions allowing for submitting a representation are vitiated – In cases of preventive detention, every procedural irregularity, keeping in mind the principles of Article 21 and 22(5), must be accrued in favour of the detenue.Criminal Law – Preventive detention laws – Abuse/misuse of – Held: Such laws must be very critically examined and must be used only in the rarest of rare cases.
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2023 INSC 344
Petitioner	Pramod Singla
Respondent	Union Of India & Ors
SCR	[2023] 2 S.C.R. 793
Judgement Date	2023-04-10
Case Number	1051

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Pramod Singla Vs. Union of India & Ors

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