Supreme Court of India
Shiv Ratan Maklm S/o Nandlal Maklm v. Union of India and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that here the lapse of time between the. date of the· incident and the date of the order of detention has . been sufficiently . explained by the detaining authority and hence we are not prepared to draw the inference of . n:.alafides merely because the order of detention happened to be . made about five months after the petitioner was ·found carrying two pieces of foreign marked gold.
Judgment, page 6
From the headnote
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, s.3 - Detention order - Solitary incident - Whether sufficient for detention - Time gap between incident and detention order - Whether vitiates order - Detention order - Whether call be made to !:!ubvert, supplant or substitute the punitive law. The petitioner while returning from Nepal was intercepted by the Customs Officers in the morning of' 20th November, 1984 and searched in the presence of independent witnesses. From his trousers' pocket two pieces of foreign marked gold in the shape of round tablets
Where later benches applied it
Of those, 1 referred to
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.