HARIDAS AMARCHAND SHAH OF BOMBAY versus K.L. VERMA & ORS.

HARIDAS AMARCHAND SHAH OF BOMBAY versus K.L. VERMA & ORS.

Bank pass books and bail variation orders were not vital or material documents in reaching the detaining authority's subjective satisfaction under Section 3 of COFEPOSA, and their non-supply or non-consideration does not vitiate the detention order.

Parties
Appellant Detenu: Haridas Amarchand Shah; Respondents: K.L. Verma & Ors.
Jurisdiction
India
Judgment Date
09 December 1988
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, Subjective Satisfaction of Detaining Authority, Supply of Documents to Detenu
Criminal Law Preventive Detention Conservation of Foreign Exchange and Prevention of Smuggling Activities Act Subjective Satisfaction of Detaining Authority Supply of Documents to Detenu

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Parties

Haridas Amarchand Shah

Appellant Detenu

K.L. Verma & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether failure to furnish bank pass books and certain documents to detenu vitiates detention order under s.3 of COFEPOSA
  2. 2 Whether non-consideration of bail variation application and retraction application vitiates detention

Ratio Decidendi

Bank pass books and bail variation orders were not vital or material documents in reaching the detaining authority's subjective satisfaction under Section 3 of COFEPOSA, and their non-supply or non-consideration does not vitiate the detention order.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs