Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Export-import violations - Detenu indulged in a systematic and organized import-export fraud by importing goods duty free and diverting them to domestic market - Copies of certain documents supplied to detenu were partially illegible - Copies were of those..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Export-import violations - Detenu indulged in a systematic and organized import-export fraud by importing goods duty free and diverting them to domestic market - Sponsoring Authority withheld from Detaining Authority an order by which all EXIM benefits..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Export-import violations - Detenu indulged in a systematic and organized import-export fraud by importing goods duty free and diverting them to domestic market - Sponsoring Authority withheld from Detaining Authority an order by which all EXIM benefits..........
Constitution of India, 1950, Article 22, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Export-import violations - Detention under COFEPOSA Act is neither punitive nor curative - Preventive detention being one of the two exceptions to the constitutional protection under Article 22 against arrest and..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Export-import violations - A document is relevant for consideration the case of a person for preventive detention if it relates to or has a bearing on either of the following two issues : (a) Whether the detenu had indulged in smuggling or other activities..........
Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985, Section 3 -- Preventive detention - Order of - Can be revoked only on basis of representation to appropriate authority - Representation to detaining authority is unwarranted as detaining authority becomes functus officio the..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 - Detention order - Delay - Proposal for detention was made on 21.02.2004 - The order of detention was passed after four months - Major part of delay remains unexplained - Order would become vitiated...........
Constitution of India, 1950, Article 136 -- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 - Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 - Detention order - New grounds - Ordinarily the Supreme Court should not exercise its discretionary jurisdiction under Article 136 of the Constitution by..........
Constitution of India, 1950, Article 22(5) -- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 - Detention order - Documents - Non supply of - The statements of appellant and `P' were material - They could not have been withheld - If original of the..........
Criminal Procedure Code, 1973, Section 437(6) -- Under trial prisoner - Detention beyond prescribed period - Held, if any prisoner is detained in any of the prisons in the State for more than the period stated in S.437(6) of the Code, without any reasoned order in writing for continued detention, such detention is unauthorized and illegal - Such prisoner deserves immediate..........
