Supreme Court · 1971 INSC 109 · Decided 5 April 1971
Manharlal Bhogilal Shah v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 1971 INSC 109 · [1971] SUPP. 1 S.C.R. 359
- Case number
- CRIMINAL APPEAL No. 44/1967
- Decided
- 5 April 1971
- Bench
- S.M. SIKRI, G.K. MITTER, K.S. HEGDE, A.N. GROVER, P. JAGANMOHAN REDDY (5-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; Constitution Article 14; Customs Act Section 167
Headnote
Sea Customs Act, 1878, s. 167, items 87 and 81, and s. 187 A-If s. 187 A confers arbitrary powers on customs officials-I/ ultra vires A.rt. 14 of Constitution. The appellant import«! consignments of contraband and prohibited goods. He was prosecuted for an offence under s. 167, item 81, of appropriate authority under s. 187 A, and was convicted. On the question whether s. 187-A violated Arl 14 of the Constitution on the grounds; (I) that tho Customs authorities had an absolute discretion to proceed either under s. 167(8) in which case there would be only an imposition of a fiscal
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