Supreme Court · 2012 INSC 468 · Decided 12 October 2012
Baby Devassy Chully @ Bobby v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 468 · [2012] 9 S.C.R. 515
- Case number
- CRIMINAL APPEAL No. 866/2008
- Decided
- 12 October 2012
- Bench
- P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 226, 21, 22(3)(b); Customs Act
Headnote
A B Conservation of Foreign Exchange and Prevention of Smuggling Acitivties Act, 1974 - s. 3(1) - Arrest of detenu under Customs Act - Granted bail in the case - But did not C avail of the same - While in jail, detention order under COFEPOSA - Writ Petition challenging detention order - High Court held: Detention order was necessary in view of the facts of the case - Detenu was having bail order and thus there was possibility D of his coming out and indulge in prejudicial activities - It is subjective satisfaction of Determining Authority to invoke order of detention - Customs Act,
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