Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Section 3(1)

August 6th, 2013

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Section 3(1) — Quashing of detention — Delay in passing and execution of order — Delay in passing detention order found to be satisfactory explained — Delay in execution of order resulted on account of detenu being residing in another State — Resultantly, in peculiar facts of the case, quashing sought on both the grounds rightly declined by the High Court — Judgments mentioned in the Note under the caption “New Points” distinguished, and the conduct of detenu’s counsel in citing certain decisions under the caption “New Points”, deprecated — Constitution of India — Articles 134 & 226.

Rajendrakumar Natvarlal Shah v. State of Gujarat, (1988)3 SCC 153, Relied on.

Mohinuddin @ Moin Master v. District Magistrate, Beed & Ors., (1987)4 SCC 58, Harish Pahwa v. State of U.P. & Ors., (1981)2 SCC 710, Baby Devassy Chully @ Bobby v. Union of India & Ors., 2012 (10) SCALE 176 and Saeed Zakir Hussain Malik v. State of Maharashtra, (2012)8 SCC 233, Distinguished.

(Paras 6 and 11)

Abdul Nasar Adam Ismai v. State of Maharashtra[Bench Strength 2], Criminal Appeal No. 520/2013 (Arising out of Special Leave Petition (Crl.) No. 1359/2013)(02/04/2013), 2013(5) SCALE 264: 2013(2) Supreme 544: 2013(4) SLT 245: 2013 AIR(SC) 1376: 2013(6) JT 622: 2013(4) SCC 435: 2013(2) Crimes 129(SC): 2013(8) JT 488 [T.S. Thakur, J.: Ranjana Prakash Desai, J.]

Entry Filed under: Judgements