Supreme Court · 2002 INSC 112 · Decided 1 March 2002
V.C. Mohan v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 112 · [2002] 2 S.C.R. 144
- Case number
- WRIT PETITION (CRIMINAL) No. 169/2001
- Decided
- 1 March 2002
- Bench
- U.C. BANERJEE, Y.K. SABHARWAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 21, 32; Customs Act Section 124
Headnote
Customs Act, 1962/Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Sections 124, 1278, 132 and 135/Section C 3(/)(i)-Preventive detention-Detenu charged under Customs Act-Detention ;.... under COFEPOSA Act after 7 months of the charge-During release on bail, D Authority by sponsoring authority-Held, non- placement of the relevant materials is a serious lapse. Hence, the order of detention unlawful and illegal. Preventive detention-Constitutional sanction for-Held, is not without limitation-Conduct of Detaining Authority or Governmental Authority
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)