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.
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