Supreme Court · 2011 INSC 728 · Decided 30 September 2011
Om Prakash & ANR. v. Union of India & ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 728 · [2011] 14 S.C.R. 240
- Case number
- WRIT PETITION (CIVIL) No. 66/2011
- Decided
- 30 September 2011
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH, S.S. NIJJAR (3-judge bench)
- Outcome
- Disposed off
- Case type
- Writ / Constitutional
- Acts & sections cited
- IPC; CrPC Section 2(i); Customs Act Section 9A; Central Excise Act Section 9A
Headnote
Central Excise Act, 1944/Customs Act, 1962 - ss. 9A! C 104(3) - Duty evasion and other offences under- Held: Are non-cognizable and bailable - Provisions of s. 104(3) of the 1962 Act and s. 13 of the 1944 Act, vest customs officers and excise officers with the same powers as officer in charge of a police station, which include the power to D release on bail upon arrest in respect of offences committed under the two enactments which are uniformly non-cognizable - If person arrested offers bail, he should be released on bail. The question which arose for consideration
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