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Criminal · Reportable judgment

Secretary to Government of Tamil Nadu Public (Law and Order) Revenue Department & Anr. vs Kamala & Anr.

Court
Supreme Court of India
Date
10 April 2018
Case No.
Criminal Appeal No. 507 of 2018
Result
Disposed
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 3 S.C.R. 854 : 2018 INSC 320
Supreme Court Reports [2018] 3 S.C.R. 854 : 2018 INSC 320
Headnote

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act ,1974 – s.3(1)(ii) – Detention order – Period of detention not specified in detention order – Non-specification would not vitiate detention order.

Disposing of the appeal, the Court

HELD: The High Court was not justified in quashing the order of detention on the basis that no period of detention was provided in the order. The High Court has proceeded on the basis of the decision of this Court in Bhiryani which is no longer good law in view of the subsequent decision of a larger Bench in Devaki. The decision of the High Court in Santhi, to the extent that it adopts the same position as in Bhiryani, will not reflect the correct legal position. [Para 5][856-G] Commissioner of Police v. Gurbux Anandram Bhiryani (1988) Supp SCC 568 – Not correct law.

S Santhi v. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 2010 (3) MWN (Cr.) 42 (DB) – Partly disapproved.

T Devaki v. Government of Tamil Nadu (1990) 2 SCC

456 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by DR. D. Y. CHANDRACHUD, J. 1. The High Court has set aside an order of detention issued under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 19741 on the ground that the period of detention was not specified. In arriving at this conclusion, the High Court has relied upon a decision of this Court in Commissioner of Police v Gurbux Anandram Bhiryani2,and on a judgment of the High Court in S Santhiv The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai3. 2. The Gov
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