RATILAL BHANJI MITHANI versus ASSTT. COLLECTOR OF CUSTOMS, BOMBAY & ANR.

RATILAL BHANJI MITHANI versus ASSTT. COLLECTOR OF CUSTOMS, BOMBAY & ANR.

The High Court's inherent powers, including the power to cancel bail, have been confirmed and continued by statutory and constitutional provisions. These powers, therefore, possess the sanction of enacted 'law' under Article 21. The order cancelling bail and depriving the appellant of personal liberty was according to procedure established by law and did not violate Article 21.

Parties
Appellant: Ratilal Bhanji Mithani; Respondents: Asstt. Collector of Customs, Bombay & Anr.
Jurisdiction
India
Judgment Date
04 May 1967
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of the Bombay High Court Cancelling Bail
Outcome
Appeal dismissed with a modification.
Legal Topics
Inherent Powers of High Court, Cancellation of Bail, Personal Liberty Under Article 21, Procedure Established by Law
Constitutional Law Criminal Law Inherent Powers of High Court Cancellation of Bail Personal Liberty Under Article 21 Procedure Established by Law

Case Brief

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Parties

Ratilal Bhanji Mithani

Appellant

Asstt. Collector of Customs, Bombay & Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of the Bombay High Court Cancelling Bail

Legal Issues

  1. 1 Whether the High Court's inherent power to cancel bail, not expressly provided by statute, is 'law' within Article 21 of the Constitution and whether exercise of such power is violative of Article 21.

Ratio Decidendi

The High Court's inherent powers, including the power to cancel bail, have been confirmed and continued by statutory and constitutional provisions. These powers, therefore, possess the sanction of enacted 'law' under Article 21. The order cancelling bail and depriving the appellant of personal liberty was according to procedure established by law and did not violate Article 21.

Court Disposition

Appeal dismissed with a modification.

Orders

  • Appellant to be released on bail on June 26, 1967, irrespective of whether prosecution witnesses are examined by that date, with bail to the satisfaction of the Presidency Magistrate, 23rd Court, Esplanade, Bombay.