Supreme Court · 1979 INSC 122 · Decided 23 July 1979

Kanchanlal Maneklal Chokshi v. The State of Gujarat and ORS.

Court
Supreme Court of India
Citation
1979 INSC 122 · [1980] 1 S.C.R. 54
Case number
CRIMINAL APPEAL No. 193/1979
Decided
23 July 1979
Bench
R.S. SARKARIA, P.N. SHINGAL, O. CHINNAPPA REDDY (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
Constitution Article 133(1), 14

Headnote

Conservation of Foreign Exchange and Prevention of Sn1uggling Activities Act, 1974-Failure of detalning authon"ty to consider possibility of prosecu-­ tion bez'ng launched-If could lead t.o the conclusion that it never applied its mind-Order of detention if void on that ground. In Ashok Bench of the High Court thought that this Court in Hardhan Saha & Anr. v. The State of West Bengal & Ors., [1975] 1 SCR 778 laid down that where a person \Vas sought to be detained preventively the possibility of a prosecution being launched was an irrelevant consideration which need

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