BAL CHAND BANSAL versus UNION OF INDIA & ORS.

BAL CHAND BANSAL versus UNION OF INDIA & ORS.

The detaining authority was aware the petitioner was in judicial custody and likely to be released on bail, with satisfaction about necessity of detention specifically recorded in the grounds; the order was passed to prevent prejudicial acts regarding foreign exchange, not as punitive or collateral measure.

Parties
Petitioner: Bal Chand Bansal; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
11 April 1988
Procedural Posture
Special Leave Petition (criminal) and Writ Petition Under Article 32 / Final Disposal by Supreme Court
Outcome
Petitions dismissed
Legal Topics
COFEPOSA, Detention While in Judicial Custody, Compelling Necessity, Double Detention, Bail and Preventive Detention
Preventive Detention Criminal Law COFEPOSA Detention While in Judicial Custody Compelling Necessity Double Detention Bail and Preventive Detention

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Parties

Bal Chand Bansal

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Special Leave Petition (criminal) and Writ Petition Under Article 32 / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether there was compelling necessity for detention as petitioner was already in judicial custody
  2. 2 Whether order of detention was passed for punitive or collateral purpose to frustrate grant of bail

Ratio Decidendi

The detaining authority was aware the petitioner was in judicial custody and likely to be released on bail, with satisfaction about necessity of detention specifically recorded in the grounds; the order was passed to prevent prejudicial acts regarding foreign exchange, not as punitive or collateral measure.

Court Disposition

Petitions dismissed

Orders

  • Criminal Writ Petition No. 830 of 1987 and Special Leave Petition (Criminal) No. 3115 of 1987 are dismissed