Category: Uncategorized

ISSUE:

Whether second application for police remand after dismissal of first application is maintainable?

Whether bail can be cancelled on the ground of disclosures made by the accused during investigation?

RULE:

The second application for police remand after dismissal of first application is maintainable only if made within first 15 days of arrest.

Bail cannot be cancelled on the sole ground of any disclosures of the accused, when there is no allegation of misuse of the privilege of bail.

ISSUE:

Whether Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities, 1974 (“COFEPOSA”) is constitutionally valid, in light of the repeal of the Foreign Exchange Regulation Act, 1973 (“FERA”)?

Whether preventive detention can exist for activities that are not criminal offences and do not attract any punishment?

RULE:

Preventive detention can exist for illegal activities which though do not attract any punishment, are prejudicial to the security of the State.

The repeal of FERA by the Foreign Exchange Management Act, 1999, does not dilute the control of the Government over foreign exchange.

When a detention order is not executed for more than a year on account of the contumacious conduct of the detenu, he cannot take advantage of his own wrongdoing by challenging the detention order as having lapsed the maximum period.

ISSUE:

Whether High Courts have the requisite jurisdiction to transfer an investigation from one police station to another at an initial stage?

RULE:

The power to direct transfer of investigation from one police station to another is vested with police authorities under Section 156 of the Code of Criminal Procedure, 1973 (“Code”). The courts cannot interfere in the matter at an initial stage, especially without assigning reasons for doing so.