Supreme Court of India

Om Prakash & Anr. v. Union of India & Anr.

Neutral citation

Reported as [2011] 14 S.C.R. 240

Bench Altamas Kabir, Cyriac Joseph and Surinder Singh Nijjar JJ.

Decided 30 September 2011

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the offences under the Central Excise Act, c 1944, are bailable. o.

Judgment, page 24

From the headnote

Central Excise Act, 1944/Customs Act, 1962 - ss. 9A! 104(3) - Duty evasion and other offences under- Held: Are non-cognizable and bailable - Provisions of s. 104(3) of the 1962 Act and s. 13 of the 1944 Act, vest customs officers and excise officers with the same powers as that of a police officer in charge of a police station, which include the power to release on bail upon arrest in respect of offences committed under the two enactments which are uniformly non-cognizable - If person arrested offers bail, he should be released on bail. The question which arose for consideration in these

Authorities it was built on

2007 Tax Recovery Officer, Central Range-1 v. Custodian Appointed Under the Special Court (trial of Offences Relating to Transaction in Securities) Act, 1992 cited by 41
1994 Directorate of Enforcement v. Deepak Mahajan and Anr. cited by 16
2003 Superintendent of Police, C.B.I. and Ors. v. Tapan Kr. Singh cited by 13
2008 Union of India v. Padam Narain Aggarwal Etc cited by 9

Where later benches applied it

2025 Radhika Agarwal v. Union of India and Others followed
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2020 Union of India v. Ashok Kumar Sharma and Others referred to

Of those, 1 followed · 2 referred to

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